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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 ``\ 03M Ordinance No. 1217 Pa ge 2 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. rw Ordinance No. 1217 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 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 fjov�