HomeMy WebLinkAbout1981-1310 - Ordinance - 07/09/1981ORDINANCE NO.1310
AN ORDINANCE DETERMINING TO ASSESS A PART OF THE COST OF IMPROVING A PORTION
OF SOUTHWEST PARKWAY, THE CITY OF COLLEGE STATION, TEXAS, AGAINST ABUTTING
PROPERTY AND THE OWNERS THEREOF: ADOPTING ENGINEER'S ROLLS; PROVIDING FOR
NOTICE OF HEARING.
WHEREAS, the City Council of the City of College Station, Texas, has hereto-
fore ordered that the following portion of a street in said city be improved
by raising, grading, filling same, installing concrete curbs and gutters and
by paving and by installing drains, inlets and storm sewers, where provided
in the plans, with necessary incidentals and appurtenances and in accordance
with the plans now on file with the City and in accordance with the
specifications therefor, said portion of said street being as follows, to -wit;
all that certain portion of Southwest Parkway described as follows:
See Ordinance No. 1218
The improvements to these streets shall consist of a six (6) inch crushed
limestone base, with one and one half (1 1/2) inches hot mix asphaltic
surface course, complete with concrete curbs and gutters to a width, measured
from back to back of 56 feet, as provided in said plans and specifications; and
WHEREAS, the City of College Station has entered into a contract with the
Young Brothers, Inc., in the amount of $629,893.50 for the improvements of said
streets, and the City Engineer has prepared and filed rolls or statements
concerning the improvements and assessments therefor; and
WHEREAS, the City Council has determined to assess a portion of a cost of such
improvements against the owners of the property abutting thereon and against
such property; and
WHEREAS, the present condition of such streets and places endangers the public
health and safety and it is necessary that the improvements thereof be
proceeded with while the weather permits, and such improvements are being
delayed pending thereto, and such facts constitute and create an emergency.
THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS THAT:
I.
The City of College Station does hereby determine to assess a portion of the
cost of said improvements on said portions of streets against abutting
property thereon and against the owners of such property and 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.
Ordinance No. 1310
IT.
Said Rolls or statements be and the
same are hereby adopted and approved.
III.
The
several amounts proposed to be
assessed against such
parcels of
property and
the
owners thereof, the other matters and things as shown on said rolls or state-
ments
being as follows, to -wit:
MORGAN
RECTOR LEAGUE
TRACT
OWNER /ADDRESS
FRONTAGE
ASSESS @ 43.14/ft
R.O.W. VALUE NET ASSESSMENT
1
Kenneth C. Krenek
413.74 ft. $17,848.74
$17,100.00
$ 748.74
5
Hugo H. Krenek
56.02
2,416.70
180.00
2,236.70
81
Morris Hamilton Jr.
706
30,490.49
2,250.00
28,240.49
82
Ronald Cruse
1,140.37
49,195.56
2,520.00
46,675.56
83
Kenneth C. Krenek
1,376.08
59,364.09
3,480.00
55,884.09
84
John Carraba
1,355.58
58,479.72
3,930.00
54,549.72
85
Gladys B. Patrick
474.80
20,482.87
3,800.00
16,682.87
64
Brentwood Inc.
3,326.78
143,517.29
19,262.06
124,255.23
BRENTWOOD
SUBDIVISION SECTION 4
Block
1
Lot 2
Brazos Savings
151.37
6,530.10
876.43
5,653.67
Block
2
Lot 1
James K. Presnal
200.00
8,628.00
1,158.00
7,470.00
Block
2
Lot 2
Brentwood Inc.
348.15
15,019.19
2,015.19
13,003.40
BRENTWOOD
SUBDIVISION SECTION 2
Block
4
Lot 4
Albert Syptak Jr.
150
6,471.00
868.50
5,602.50
Block
4
Lot 3
James Stacey
70
3,019.80
405.30
2,614.50
Block
4
Lot 2
Mrs. Jean C. Weaver
70
3,019.80
405.30
2,614.50
Block
4
Lot 1
Troy M. Stallings
74
3,192.36
428.46
2,763.90
Block
5
Lot 1
Adeline D. Holder
72
3,106.08
416.88
2,689.20
C/O Joseph Leb1Anb
Block
5
Lot 2
Norman D. Van Hyniaig 75
3,235.50
434.25
2,801.25
Ordinance No. 1310
BRENTWOOD SUBDIVISION SECTION 2
TRACT OWNER/ADDRESS
Block 5
Lot 3 Adeline D. Holder
C/O Joseph Leblanc
Block 5
Lot 4 Joseph V. Leblang
Block 5
Lot 5 Norman D. Van Hyniaig
Block 1
Lot 8
Jeff
&
Tim
Parker
Block 1
Lot 9
Jeff
&
Tim
Parker
Block 1
Lot 12
Jeff
&
Tim
Parker
Block 1
Lot 13
Jeff
&
Tim
Parker
Block 1
Lot 14
Jeff
&
Tim
Parker
Block 1
Lot 15
Jeff
&
Tim
Parker
Block 1
Lot 16
Jeff
&
Tim
Parker
FRONTAGE ASSESS @ 43.14/ft R.O.W. VALUE NET ASSESSMENT
75 $ 3,235.50 $ 434.25 $ 2,801.25
150 6,471.00 868.50
20 862.80 115.80
BRENTWOOD SUBDIVISION SECTION 5
108.79 4,693.20 629.89
122.83 5,298.89 711.19
110.69 4,775.17 640.90
91.82 3,961.11 531.63
82.92 3,577.17 480.11
77.94 3,362.33 451.27
50.00 2,157.00 989.50
Where more than one person, firm or corporation owns an interest in any property above
described, each person, firm or corporation shall be personally responsible only for
its, his or her pro rata 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.
03490
150 6,471.00 868.50
20 862.80 115.80
BRENTWOOD SUBDIVISION SECTION 5
108.79 4,693.20 629.89
122.83 5,298.89 711.19
110.69 4,775.17 640.90
91.82 3,961.11 531.63
82.92 3,577.17 480.11
77.94 3,362.33 451.27
50.00 2,157.00 989.50
Where more than one person, firm or corporation owns an interest in any property above
described, each person, firm or corporation shall be personally responsible only for
its, his or her pro rata 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.
03490
Where more than one person, firm or corporation owns an interest in any property above
described, each person, firm or corporation shall be personally responsible only for
its, his or her pro rata 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.
03490
Ordinance No. 1310
TV.
A hearing shall be given by and before the governing body of the City of
College Station, Texas on the 23rd day of July 1981 at 7:00 p.m. at the
City Council Chambers of the City Hall of the City of College Station,
Texas to the owners of the respective parcels of property and to all others
in anywise interested, whether they be named herein or not, all of whom are
hereby notified to be and appear at the time and place herein named and
fixed, and said hearing shall be continued from time to time and from day to
day, if necessary, until all desiring and presenting themselves to be heard
shall have been fully and fairly heard, and at which hearing any mistake,
irregularities or invalidities in any of the proceedings with reference to
the making of said improvements, or assessments therefor may be corrected
and the apportionment of the cost of the said improvements, and all other
matters and things shall be determined, and the real and true owners of the
property abutting upon the said streets to be improved, and any and all others
in anywise interested, their agents and attorneys shall be and appear at said
hearing at said time and place and present and make any protest or objections
which they or any of them may have as to the said improvements, as to the
benefits therefrom, as to the cost thereof, as to the amounts of such assess-
ments, or as to the amounts assessed, or as to any mistakes, irregularity or
invalidity in any proceedings with reference to said assessments, such improve-
ments or to the contracts therefor and as to any other matter or thing in
anywise connected, either with said improvements, contracts or proceedings and
after all desiring and presenting themselves to be heard, either in person or
by agents, attorneys or representatives have been fully and fairly heard, the
said hearing shall be closed and assessments will be ordinance and in accordance
with law and the proceedings of the city be levied against the respective
parcels of abutting property and the owners thereof, whether such owners be
named herein or not, and whether the property be correctly described or not.
At such hearings anyone in anywise interested or affected may subpoena
witnesses and introduce evidence and have the right to appear and to be heard.
MM
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 improvements
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 install-
ments above shall become delinquent 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 that time shall become due and payable
immediately and shall draw eight percent (8%) interest per annum until paid.
03491
Ordinance No. 1310
VT.
i.
The improvements in each unit constitute an entirely separate district and
independent unit, and the proposed assessment for the improvement in each
unit is in no wise affected by any fact or circumstance in connection with any
other unit all to the same extent and as fully as if entirely separate pro-
ceedings had separate hearings, and separate notices thereof ordered.
VTT.
The City Secretary of the City of College Station is directed to give notice
to the owners of property abutting upon the said portions of streets named
to be improved and to all others interested, of the time, place and purpose
of such hearings and of all matters and things by causing a substantially
correct copy of this ordinance to be published at least three times in a
newspaper published in and of general circulation in the City of College
Station, Texas, the first of which publication shall be made at least ten
(10) days before the date of such hearing, and by such publication all owners
of property abutting upon said portions of said streets and avenues, whether
such owners be named herein or not and whether the property be correctly
described herein or not, as well as to all others in anywise interested therein
or to be affected thereby, shall be and are notified and no error or mistake
in the name of any property owners, in the description of any property or in
the amount of any proposed assessment shall be in anywise affect or invalidate
such notice of any assessment levied pursuant thereto, and the real and true
owners of such abutting property shall be and are by such notice duly and
fully notified. The City Secretary is further directed, but not required to
give further notice of such hearing by causing a substantial copy of each
published notice to be mailed to each owner of property abutting upon such
portions of said streets and avenues, but all such notices by mail shall be
only cumulative of such notice by advertisement and publication and said
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 the 9th day of July , 1981.
_
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ATTEST:
0 enn Schroeder, City Secretary
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