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HomeMy WebLinkAbout1982-1348 - Ordinance - 03/11/1982ORDINANCE NO. 1348 AN ORDINANCE AMENDING CHAPTER 3, SECTION 5, OF THE COLLEGE STATION CODE OF ORDINANCES, PROVIDING FOR THE ASSESSMENT OF CERTAIN COSTS OF PAVING AND REPAVING MINOR STREETS AND PUBLIC WAYS IN THE CITY OF COLLEGE STATION, SETTING FORTH THE PROCEDURE THEREFOR AND THE MANNER OF PAYMENT AND COLLECTION OF SUCH ASSESSMENTS, AND CONTAINING A REPEALER OF EXISTING SECTIONS AND OTHER CODE PROVISIONS TO THE CONTRARY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION: That Chapter 3, Section 5, Subsections E. and F. of the College Station Code of Ordinances is hereby repealed, and the following substituted therefor: E. PAVING AND REPAVING OF EXISTING MINOR STREETS 1. In the established and platted parts of the City, priority in minor street construction will be determined and established from time to time by the City Council, based upon recommendations by the City staff. 2. Where the owners of more than fifty percent (50 %) of the abutting lots along any existing minor street or way shall request paving or repaving of same by petition presented to the City Council showing the signatures of each of the record owners of such lots, the City staff shall review the proposed project and present its conclusions concerning same to the City Council within 45 days. The Council shall give priority to such projects where feasible, consistent with the needs of the public for safe and adequate streets and public ways and the financial circumstances pertinent to the project. 3. Paving or repaving of existing streets shall be in accordance with plans and specifications reviewed and approved by the City Engineer or his delegate. 4. The City Council may require the execution of a mechanic's and materialmen's lien contract, approved by the City Attorney, from the owners of at least 90% of the abutting lot owners to cover the estimated portions of the construction cost for each such lot, prior to approval of any proposed paving or repaving. F. ASSESSMENT FOR STREET CONSTRUCTION 1. The owners of lots abutting existing minor streets or ways which are paved or repaved by the City shall be assessed for their respective portions of the estimated cost of such improvements in accordance with Article 1105b, Texas Revised Civil Statutes. 1 . 1T1 Ordinance 1348 2. Two public hearings shall be held in the construction and assessment process. The first public hearing shall be held prior to the construction of any such street, and shall be for the purpose of deter- mining whether or not to improve the street as proposed. Notice shall be given by first class mail to the owners of all lots abutting the streets or portions of streets which are proposed to be paved. The second public hearing shall be held in accordance with the provisions and requirements of the above - referenced statute and shall be for the purpose of assessing the abutting lot owners, and determining the amount of such assessments, with due consideration to the special benefits conferred upon such lots. Sub- sequent to the second hearing, the City Council shall consider and adopt an ordinance determining the special benefit to each lot, and the amount of the assessment for each lot. Such assessments shall be due and payable on or before 180 days from the effective date of the ordinance unless other- wise specified in the ordinance. All assessments shall bear interest at the highest rate allowed for by law for such assessments from the date due and payable. 3. Unless special circumstances are found to exist and set forth in the assessment ordinance, the costs assessed shall be apportioned based upon linear front footage of abutting lots, and shall include 1/3 of the paving cost and 100% of the per side cost of curb and gutter for the owners of each abutting lot, not to exceed the estimate for such improvements called for in the statute referred to above. 4. The owner of any lot which abuts to the side a street pro- posed for paving or repaving, or being considered for assessment, shall be entitled to request a side lot reduction. Such owner shall make a written request for such a reduction to the City Engineer prior to the second hearing provided for herein, and the City Engineer shall review the circumstances and location of the lot and the improvements thereon. If the City Engineer shall certify thereafter to the City Council that no side lot access or resubdivision is anticipated or reasonably expected, the owner of such lot shall be entitled to a twenty -five percent (25 %) reduction of the normal assessment of such lot. A lot shall be considered to abut a street to the side if no access from the street being paved exists, and the house is addressed on another street. 5. The City Attorney shall institute suit to collect any unpaid assessments at the request of the City Manager. 6. The City Secretary shall present annually to the City Council a listing of past due and unpaid street assessments. 2. Should any section or portion of this ordinance be declared to be invalid, unenforceable, or unconstitutional, the remainder of same shall continue in full force and effect and shall not be vitiated thereby. 2 O Ordinance 1348 3. All ordinances or parts of ordinances in conflict herewith are repealed to the extent of such conflict. LIN This ordinance shall become effective upon its passage. PASSED AND APPROVED this 11th day of March , 1982. ATTEST: y r CITY SECRETARY APPROVED: MAY 1 .f