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HomeMy WebLinkAbout1992-1939 - Ordinance - 01/23/1992ORDINANCE NO. 1939 AN ORDINANCE CLOSING THE HEARING GIVEN TO THE REAL AND TRUE PROPERTY OWNER, FOSSIL MOUND CORPORATION, ABUTTING UPON WELSH STREET IN THE CITY OF COLLEGE STATION, TEXAS, AS TO SPECIAL BENEFITS TO ACCRUE TO SAID PROPERTY AND THE REAL AND TRUE OWNER THEREOF BY VIRTUE OF THE CONSTRUCTION OF AN EX- TENSION OF SAID STREET AND AS TO ANY ERRORS IN VALIDITIES OR IRREGULARITIES IN ANY OF THE PROCEEDINGS OVERRULING AND DENYING ALL PROTESTS AND OBJECTIONS OFFERED; FINDING AND DE- TERMINING THAT EACH PARCEL OF PROPERTY ABUTTING UPON SAID STREET, WITHIN THE LIMITS DEFINED, WILL BE SPECIALLY BENE- FITED AND ENHANCED IN VALUE IN EXCESS OF THE AMOUNT OF THE COST OF SAID IMPROVEMENTS PROPOSED TO BE, AND AS ASSESSED AGAINST SAID PROPERTY, AND THE REAL AND TRUE OWNER THEREOF, AND LEVYING AN ASSESSMENT FOR THE PAYMENT OF A PORTION OF THE COST OF IMPROVING SAID STREET, WITHIN SAID LIMITS DE- FINED, FIXING A CHARGE AND LIEN UPON SAID PROPERTY, AND THE REAL AND TRUE OWNER THEREOF; ADOPTING THE DEVELOPMENT AGREE- MENT; AND PROVIDING FOR THE MANNER AND METHOD OF COLLECTION OF SAID ASSESSMENT. WHEREAS, the City Council of the City of College Station, Texas, heretofore ordered on January 9, 1992, that the following street in said city be extended and con- structed by raising, grading, filling same, installing con- crete curb and gutter and by paving and by installing side- walks, 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: Welsh Street from its intersection with Deacon Drive southeast to the Myrad Real Estate, Inc., property line, all as shown on the plat attached hereto as Exhibit "A"; WHEREAS, prior to the construction of the project the governing body prepared estimates of the costs of the improvements; WHEREAS, an agreement was entered into with Fossil Mound Corporation with regard to the construction and as- sessment of the property; WHEREAS, said agreement was filed in the official records of the Brazos County Clerk's Office and can be found at Volume 1330, Page 321; and Ordinance No. 1939 Page 2 WHEREAS, the City Council proposes to assess a portion of the cost of such improvements against the owner, Fossil Mound Corporation, of the property abutting thereon and against such property; NOW, THEREFORE, BE IT OBTAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS TEAT: The City of College Station does hereby assess a por- tion of the cost of said improvements on said portions of streets against abutting property thereon and against the owner of such property and said assessment 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 Ses- sion, Chapter 106, page 489, as amended, commonly known as Article 1105-b, Revised Civil Statutes of Texas, and Chapter 3, Section 3-F in the Code of Ordinances for the City of College Station. II. The Development Agreement between Fossil Mound Corpora- tion and the City of College Station, attached hereto as Ex- hibit "B", is hereby adopted and approved as the amount to be assessed against the property owner. III. The amount proposed to be assessed against such parcel of property and the owner thereof is described in the Devel- opment Agreement, attached hereto as Exhibit B; the assess- ment enhances the value of the abutting property in an amount in excess of the cost of such improvements. 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 portion 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 pro- portionate sum. Ordinance No. 1939 Page 3 IV. A hearing has been held by and before the governing body of the City of College Station, Texas on this the 23rd day of January, 1992, at 7=00 p.m., at the City Council Chambers of the City Hall of the City of College Station, Texas, prior to the passage of this ordinance. That based on the evidence, matters, testimony and objections consid- ered at such hearing, the city Council has determined that the property, and each and every parcel of said property abutting upon the street, has been enhanced in value and specially benefited by the construction of such improvements in an amount in excess of the amount of the cost of such improvements, and is hereinafter assessed against each of said parcels of property abutting upon said street and the real and true owner thereof. There being no further protests or testimony for or against or in reference to said improvements, benefits or proceedings, said hearing granted to the real and true owner of property abutting upon said street and to all persons, firms, corporations, and estates owning or claiming same or any interest therein, shall be and the same is hereby closed and all protests and objections, whether specifically men- tioned or not, shall he and the same are hereby overruled and denied. Assessment against the abutting property and the owner shall be a personal liability of the owner 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 repayment of principal and interest in equal quarterly installments and interest at the rate of eight percent (8%) annually. The first installment due and payable on or before the first day of the calendar quarter following 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 quarter thereafter until the entire sum is paid. If any of the annual installments above shall become delinquent for more than thirty (30) days, and if the City Manager does not grant an extension of time for proper cause shown, then any balance remaining unpaid at the time shall become due and payable immediately and the City Attorney shall be autho- Ordinance No. 1939 Page 4 rized to take legal action to foreclose the lien. Upon pay- ment of the principal amount and accrued interest, the city of College Station shall issue a release of the assessment and lien. VI. The City Secretary of the City of College Station is directed to give notice to the real owner of the property abutting upon the said portion of the street and to all others interested, of the assessment levied and the amount thereof by publication in a newspaper published in and of general circulation in the City of College Station, Texas, and that further the City Secretary is to direct that notice be sent to each of the property owners of the aeseesment, the amount thereof, and the time in which it must be paid. 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 23rd day of January, ~~ecretary 1992. APPROVED= APPROVED AS TO FORM: C~~~y Attorney