HomeMy WebLinkAbout1971-0789 - Ordinance - 10/25/1971ORDINANCE NO. 789
THE STATE OF TEXAS X
COUNTY OF BRAZOS X
On this the 25th day of October, 1971, 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,
J. B. Hervey
Mayor
Fred R. Brison
Councilman
James H. Dozier
Councilman
Don R. Dale
Councilman
Dr. J. D. Lindsay
Councilman
Dr. R. D. Radeleff
Councilman
C. A. Bonnen
Councilman
Ran Boswell
City Manager
being present and passed the following ordinance:
AN ORDINANCE ORDERING THE IMPROVEMENT OF CERTAIN PORTIONS OF WELSH
AVENUE FROM HOLLEMAN DRIVE TO WEST KNOLL SECTION III; PROVIDING THE
NECESSARY MATTERS INCIDENTAL THERETO, INCLUDING DIRECTING THE CITY
ENGINEER TO PREPARE PLANS AND SPECIFICATIONS THEREFORE, 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 follows:
AN ORDINANCE ORDERING THE IMPROVEMENT OF CERTAIN PORTIONS OF WELSH
AVENUE FROM HOLLEMAN DRIVE TO WEST KNOLL SECTION III; PROVIDING THE
NECESSARY MATTERS INCIDENTAL THERETO, INCLUDING DIRECTING THE CITY
ENGINEER TO PREPARE PLANS AND SPECIFICATIONS THEREFORE, AND DECLARING
AN EMERGENCY.
WHEREAS, the City of College Station, at an election duly had and held for that
purpose on the8th 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 Statutes of Texas, together with existing amendments and all
such amendments since that time made, and acts supplementary thereto; and
QU17
Ordinance No. 789
Page 2
WHEREAS, the present condition of said streets and places 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:
I.
That the herein below mentioned portions of streets and places in said City be im-
proved by raising, grading and filling the same, installing curbs and gutters where ade-
quate curbs and gutters are not already installed on proper grade and line, and by
paving and installing drains, inlets 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 said streets and places being as follows,
to -wit:
COMMENCING at the intersection of Welsh Avenue and Holleman Drive thence in a
southeasterly direction along Welsh Avenue until same intersects West Knoll Section III.
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 im-
provement 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 street or place herein ordered improved shall be paved with the
following materials, to -wit:
Five (5) inch compact depth asphaltic stabilized gravel base with a 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.
IV.
The cost of the improvements in each district or unit shall be paid as follows:
0. Idlds
Ordinance No. 789
Page 3
(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
being 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 there of 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.
V.
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.
VI.
The omission of improvements in any unit shall not affect the validity of the assess-
ments 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.
02U, 9
Ordinance No. .789
VII.
Page 4
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 ordinance,
and such facts constitute and createan 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 same shall be in full force and effect immediately
from and after its passage.
PASSED AND APPROVED this 25th day of October, 1971.
APPROVED:
ayor
ATTEST.
Assistant -City Secretary
02120