HomeMy WebLinkAbout1980-1217 - Ordinance - 04/24/1980ORDINANCE NO. 1217
THE STATE OF TEXAS
COUNTY OF BRAZOS
On this the 24th day of April, 1980, 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:
Mayor Halter
Councilmen Ringer, Boughton, Dozier, Kelly, Jones, Runnels
being present, and the following absent to wit:
None
and passed the following ordinance:
AN ORDINANCE ORDERING THE IMPROVEMENT OF A CERTAIN PORTION OF:
Southwest Parkway
PROVIDING THE NECESSARY MATTERS INCIDENTAL THERETO, INCLUDING DIRECTING THE
CITY ENGINEER TO PREPARE PLANS AND SPECIFICATIONS THEREFOR;
WHEREAS, the City of College Station, at an election duly had and held for
the purpose on the 8th day of January, 1952, adopted and benefits, terms and
provisions of Chapter 106, 40th Legislature, First Called Session, Acts 1927,
being Article 1105 -B, Vernon's Annontated Civil Statutes of Texas, together
with existing amendments and all such amendments since that time made, and
acts supplementary thereto; and
WHEREAS, the present condition of said street requires that repairs be
made and it is in the public interest that such repairs be made;
THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS:
I.
That the herein below mentioned portion of street 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 and line, and by
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Ordinance No. 1217
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paving and installing drains, inlets and storm sewers where same may be pro-
vided for in the plans and specifications to be adopted by the City Council,
all together with necessary incidentals and appurtenances, said portion of
street and places being as follows, to wit:
Southwest Parkway from Texas Avenue (Loop 507) east to S.H. 6,
II.
The street 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 and one -half (1 -1/2) inch plant mix surfacing, or five
(5) inch black base and one and one -half (1 -1/2) 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 herein -above mentioned.
The cost of the improvements in each district or unit shall be paid as
follows:
(a) Nine - tenths of the cost of such improvement as shown by the estimated
cost of the improvement shall be assessed against the abutting property
and owners thereof.
(b) After deducting the costs paid by or to be 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 percent (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 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 pro.perty
in the enhanced value by means of the improvements for which assessments are
levied, as ascertained at such hearings.
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Ordinance No. 1217
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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 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.
APPROVED•
Mayor
ATTEST:
City Secretary
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