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HomeMy WebLinkAbout1942-0068 - Ordinance - 06/25/1942ORDINANCE NO. 68. AN ORDINANCE LEVYING AN ASSESSMENT AGAINST CERTAIN PROPERTIES AND 1NAKING THE SAFIIE A LIEN AGAINST SAID PROPERTIES AND A PER- SONAL CHARGE AGAINST THE OWNERS THEREOF AND PROVIDING FOR FORE,- CLOSURE OIE-CLOSURE OF SAID LIEN IN THE EVENT SAME IS NOT PAID, AND ADDING A PENALTY FOR THE FAILURE TO PAY SAME. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 01{COLLEGE STATION: Section 1. That whereas, heretofore on the day of A.D., 19 , a hearing was had after due notice of the intention to take up consideration the necessity for having nuisances abated upon the property hereinafter described at the cost andexpense of the owner of said property as a lien, and whereas, at the time of said hearing no one appeared to con- test same and said hearing was closed and it was determined that a nuisance existed upon each piece of said property and same should be removed and the costs thereof assessed as a lien against said property and as a personal charge against the owners thereof. Section 2. Therefore, there is assessed against each of said pieces of property the amount set opposite thereof, and the same is made a personal charge against the owner of said property, whether the name is in this ordi- nance or the notice or not, and a lien is hereby fixed against each piece of said property for the amount assessed against it. Section 3. In the event the amount so assessed against such property is not paid on or before the _. day of A.D., 19 , ten per cent (10%) shall be added as penalty and a suit to foreclose said lien shall be instituted, and said lien shall be foreclosed in any court having jurisdiction thereof. Passed and approved this the ,2.1� day of C/‘he A.D., 19 �2 ATTEST: ‘sr' City `ecreta Mayor A RESOLUTION DECLARING A NUISANCE EXISTS UPON THE.PREMISES DESCRIBED IN THE INSTRUMENT HLRETO ATTACHED AND MADE A PART HEREOF BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: Section 1. That there is a nuisance existing upon the premises and each part thereof described in the instrument hereto attached and made a part hereof. Said nuisance being of such a nature as calculated to unduly cause a fire hazard or a hazard from a health stand -point or both, injurious to the City of College Station or a large part of the said City and owners of said premises are hereby notified to appear at the next meeting of this City Council to be held on the day of at o'clock p.m. in the City Office, to show cause why said nui- sance should not be abated and show cause why, in the event said nuisance is not abated by said owner within five days after the day of the same should not be abated by the order of the City Council and the costs thereof assessed against said premises. Passed and approved this the 2 day of "`• K E___, A. D., 19_j. APPROVED Mayor ATTEST: S� City Secretary Section 3. That nothing in this ordinance shall be construed to require the State of Texas to assume or pay any direct, incidental or consequential damages to adjoining, abutting or other property or business or to any tenants occupying adjoining, abutting or other property caused by, incidental to, or in any way connected with the passage and enforcement of this ordinance and/or by the in- stallation, the construction, the use and/or the maintenance of the street project authorized herein, or to defend any suit or suits which may be brought against the State of Texas by any party or parties for the recovery of any such damages. Section 4. For and in consideration of the mutual covenants herein contained, the City does hereby agree that all damages and claims for damages to adjoining, abut- ting or other property, if any there be, arising out of, incident to, or in any way connected with the installation, the construction, the use, the existence, and/or the maintenance of said street project, shall be adjusted and paid solely by the City and. the City shall and doen hereby agree to hold harmless the State of Texas against any and all claims, demands and causes of action for recovery of any and all such damages arising out of the installation, the construction, the use, the existence, and/or the maintenance of said street project, and agrees to assume the defense of any and all suits brought for the recovery of all alleged damages, and shall intervene and make itself a party therein in its own name, if it is not already made a party thereto, for the purpose, and shall if requested in writing by the State of Texas so to do, wholly relieve the State of Texas from defending the same, and hereby agrees to hold the State of Texas harmless as to all judgments, court costs, attorneys' fees and all expenses in connection with such suits. Section 5. Nothing contained herein shall ever be construed to place upon the State of Texas any manner of liability for injury to or death of persons or for damage to, or loss of property arising out of or in any manner connected with the maintenance or use of the street project and the City will save the State of Texas harmless from any damages arising out of said maintenance and./or use of said street project. Section 6. That the Mayor of the City be and is hereby authorized to execute for and on behalf of tho City an agreement and contract with the State of Texas in accordance with and for the purpose of carrying out the terms and provisions of this ordinance, in the form attached hereto and marked "Exhibit B." The City Secretary is hereby directed to attest the agreement and contract and to affix the proper seal of the City hereto. Section 7. That the State be and is hereby authorized, as agent of the City, to construct said project at the location, to the grade and in the manner as shown on Exhibit "A." Section 8. That the Mayor of the City, having requested in writing that this ordinance take effect forthwith and there being in fact an emergency and impera- tive public necessity that the work herein provided for be begun and carried out promptly and with expedition, and that the contract aforesaid shall be immediately made, executed and delivered to the endthat such work herein provided for may be begun and carried out promptly and with expedition. The reading of the ordi- ance on three several days is hereby dispensed with and the same shall be in full force and effect from and after its passage. Ordinance (Highway Projects) 6-40-2673 2 STATE OF TEXAS BRAZOS COUNTY OF �1 , the duly appointed, 1, S. 0 • I / c.Q 1y1..t.3 COLLEGE STATION qualified and acting city secretary of the City of Texas, hereby certify that the foregoing pages constitute a true and correct copy of an ordinance duly passed by the City Council at a meeting held. on �f 142 , u xT /3 , A.D., 19 , at o o'clock p M. COLLEGE STATION To certify which, witness my hand and seal of the City of 42 TEXAS, this due / 3 day of ,�� y u s /` , 19 , at COLIEGE STATION Texas. City Secre ';OLLEG y of the Clty of' STATICS Texas Ordinance (Highway Projects) 6-40-2673 STATE OF TEXAS COUNTY OF TRAVIS THIS AGREEMENT, made this /3 day of 1,5 CO S 19...•_ ........ ...... .., by and between the State of Texas, hereinafter referred to as the "State," Party of the First Part; and the City of �v4e .rr ✓rAtri..2A, County, Texas, acting by and through its duly authorized officers under an ordinance passed the / l✓ day of _ �f u s , 19 r� hereinafter called the "City," Party of the Second Part: WITNESSETH: WHEREAS, the City has authorized the construction of a street project by ordinance passed on the / 3 da ..... Ay of .......4 u 3 � , 19.., ,_......., on a): / Am,` r'% At,,g /7d in the City; and WHEREAS, the City has requested the State to contribute financial aid in the construction of said street projects; and WHEREAS, the State has made it known to the City that it will assist the City in the construction of said street project by furnishing the necessary funds for the actual construction of said street project and by preparing plans, awarding con- struction contract, and supervising construction, providing the City approves the plans, specifications, grades and alignment of same, and providing further that the City assumes responsibility for all damages to adjoining, abutting and other property occasioned by or resulting from the installation, construction, existence, use and maintenance of said street project and the passage and enforcement of the ordinance hereinabove referred to. AGREEMENT: • NOW, THEREFORE, in consideration of the premises and of the mutual cove- nants and agreements of the parties hereto to be by them respectively kept and per- formed, as hereinafter set forth, it is agreed as follows: 1. The State of Texas be and is hereby authorized to construct the street proj- ect at the location and in the manner shown on the plans, attached hereto and marked • "Exhibit A" and made a part. hereof in all respects. 2. For and in consideration of the mutual covenants and agreements herein con- tained, the City does hereby agree that all damages and claims for damages to adjoin- ing, abutting or other property, if any there be, arising out of, incident to, or in any way connected with the installation, the construction, the use,•the existence Agreement (Highway Projects) 6-40-2674 1 t ORDINANCE NO. 68. AN ORDINANCE LEVYING AN ASSESSMENT AGAINST CERTAIN PROPERTIES AND MAKING THE SAME A LIEN AGAINST SAID PROPERTIES AND A PER- SONAL CHARGE AGAINST THE OWNERS THEREOF AND PROVIDING FOR FORE- CLOSURE OF SAID LIEN IN THE EVENT SAME IS NOT PAID, AND ADDING A PENALTY FOR THE FAILURE TO PAY SAME. BE IT ORDAINED BY THE. CITY COUNCIL OF THE CITY OF COLLEGE STATION: Section 1. That whereas, heretofore on the day of A.D., 19 , a hearing was had after due notice of the intention to take up consideration the necessity for having nuisances abated upon the property hereinafter described at the cost and expense of the owner of said property as a lien, and whereas, at the time of said hearing no one appeared to con- test same and said hearing was closed and it was determined that a nuisance existed upon each piece of said property and same should be removed and the costs thereof assessed as a lien against said property and as a personal charge against the owners thereof. - Section 2. Therfore, there is assessed against each of said pieces of property the amount set opposite thereof, and the same is made a personal charge against the owner of said property, whether the name is in this ordi- nance or the notice or not, and a lien is hereby fixed against each piece of said property for the amount assessed against it. Section 3. In the event the amount so assessed against such property is not'paid on or before the day of A.D., 19 , ten per cent (10%) shall be added as penalty and a suit to foreclose said lien shall be instituted, and said lien shall be foreclosed in any court having jurisdiction thereof. Passed and approved this the 25th day of June, .ILD., 1942. ATTEST: s/ Lucy L. Sneed Asst. City Secretary s/ Ernest Langford Mayor 00153 A RESOLUTION DECLARING A.NUISANCE EXISTS UPON THE PREMISES DESCRIBED IN THE INSTRUMENT, HERETO ATTACHED AND MADE A PART .HEREOF BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: Section 1. That there is a nuisance existing upon the premises and each part thereof described in the instrument hereto attached and made a part hereof. Said nuisance being of such a nature as calculated to unduly cause a fire hazard or a hazard from a health stand -point or both, injurious to the City of College Station or a large part of the said City and owners of said °remises are hereby notified to appear at the next meeting of this City Council to be held on the day of _at o'clock p.m. in the City Office, to show cause why said nui- sance should not be abated and show cause. why, in the event said nuisance is not abated by said owner within five days after the _ day of the same should not be abated by the order of the City Council and the costs thereof assessed against said premises. Passed and approved this the __day of June , A.D., 1942. APPROVED Ernest_ Langford Mayor ATTEST: Lucy L. Sneed Asst. City Secretary 00154