HomeMy WebLinkAbout1981-1328 - Ordinance - 11/12/1981ORDINANCE N0. 1328
7
M
AN ORDINANCE DETERMINING TO ASSESS A PART OF THE COST OF IMPROVING PORTIONS
OF MACARTHUR AND POPLAR STREETS IN 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
heretofore 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 therefore, said portion of said street being as
follows, to wit:
all that certain portion of Macarthur and Poplar
Streets as described as follows:
See Ordinance No. 1208.
The improvements to these streets shall consist of a six (6) inch crushed
limestone base, with one and one half (1 112) inches hot mix asphaltic
surface course, complete with concrete curbs and gutters to a width,
measured from back to back of 28 feet, as provided in said plans and
specifications; 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.
�SUA
PAGE 2
II.
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 statements being as
follows, to wit:
MACARTHUR STREET
NAME /OWNER
DESCRIPTION
FRONT
ASSESSMENT
FOOTAGE
Joe W. Templeton
Lot 1 Block 5
154'
2,530.22
Cooner Addition
Anthony Caporina
Lot 1 Block F
461'
7,574.23
College Heights
Charles E. Harris Jr.
Lot 5 Block 4
154'
2,530.22
Cooner Addition
George Green
Lots 8, 8A & 9
100'
1,643.00
Block D
College Heights
INOSO Inc.
Lot 7 Block D
50'
821.50
c/o John Holland
College Heights
Dorothy B. McCrory
Lots 4, 5 & 6
150'
2,464.50
Block D
College Heights
Tri County Teachers
Lots 1, 2 & 3
161'
2,645.23
Block D
College Heights
POPLAR STREET
Gerald W. Hutzman
Four 0 Four
140'
2,251.20
University
Ed Pilger Inc.
Lots 4, 5, 6 & 7
200'
3,216.00
Block A
College Vista
Thomas H. Williams
Lot 1 Block B
60'
964.80
College Vista
Walter Smith
Lot 2 Block B
55'
884.40
College Vista
v3u"A',S
PAGE 3
�4w
POPLAR STREET
NAME /OWNER
DESCRIPTION
FRONT
ASSESSMENT
FOOTAGE
A. J. Richards
Lot 3 Block B
55'
884.40
College Vista
Daurent Bouchard
Lot 4 & 5 of 5
55'
884.40
Block B
College Vista
Robert G. Nash
60' of Lot 5
53'
852.24
Block B
College Vista
Stewert McConnel
Lot 1 & 20' of
2
57'
916.56
Block D
College Vista
A. R. Davis Jr.
30' of Lot 2 &
30'
60'
964.80
of 3 Block D
College Vista
Howard C. Nelson
20' of Lot 3 &
40'
60'
964.80
of 4 Block D
College Vista
B. H. Nelson Jr.
Lot 5 & 10' of
4
60'
964.80
Block D
College Vista
David Hobson
Lots 6 & 6
100'
1,608.00
Block D
College Vista
Grady N. Arnold Jr.
Lot 1 Block C
60'
964,80
College Vista
Ronald A. Lewis
Lot 2 Block C
55'
884.40
College Vista
Clinton H. Smith
Lot 3 Block C
55'
884.40
College Vista
03546
PAGE 4
POPLAR STREET
NAME /OWNER DESCRIPTION FRONT ASSESSMENT
FOOTAGE
Elizabeth S. Arnold Lot 4 Block C 55' 884.40
College Vista
Charles H. Slade Lot 5 Block C 58' 932.64
College Vista
Where more than one person, firm or corporation owns as 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.
IV.
A hearing shall be by and before the governing body of the City of College
Station, Texas on the 10th day of December, 1981, at 7:00 P.M. at the City
Council Chambers of the City Hall of the City of College Station, Texas for
the owners of the respective parcels of property and for all others
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 invaliditigs 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
all others 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 assessments, or as to the amounts assessed, or as to any mistakes,
irregularity or invalidity in any proceedings with reference to said
assessments, such improvements or to the contracts therefor and as to any
03547'
PAGE 5
other matter or thing 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 assess-
ments will by 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 interested or affected may subpoena witnesses and introduce evidence
and have the right to appear and be heard.
M
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
on or before thirty days (30) after the date of completion and acceptance
of the improvements and said assessments shall bear interest from date of
such completion and acceptance until paid at the rate of ten percent (10 %)
per annum, payable annually, provided further that if default be made in
the payment, the entire assessment shall be collectible together with
reasonable attorney fees and costs of collection incurred.
VI.
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
proceedings had separate hearings, and separate notices thereof ordered.
VII.
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 (10)
ten 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 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 of such hearing by causing a substantial copy
of this ordinance 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.
03548
PAGE 6
M
PASSED AND APPROVED this the 12th
day of November 1981.
Tar
ATTEST
G16nln Schro d r, Ci — ec 4 re - it — ar
U3543
APPROVED