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HomeMy WebLinkAbout3-27-2003-10.05-B - Resolution - 03/27/2003 RESOLUTION PROVIDING FOR ASSESSMENT RESOLUTION NO. 3 -27- 2003 - 10.05 -B A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, ORDERING THE IMPROVEMENT OF THE HEREINAFTER NAMED STREETS, PROVIDING FOR ASSESSMENT OF A PORTION OF THE COST OF IMPROVEMENTS THEREOF AGAINST ABUTTING PROPERTY OWNERS, APPROVING THE PLANS AND SPECIFICATIONS FOR SAID IMPROVEMENTS, THE NAME OF THE STREET, OR PORTION THEREOF, TO BE SO IMPROVED BEING AS FOLLOWS: 1. Longmire Drive — from Graham Road to its current termination at the Eagle Road Intersection — 48' wide street from back of curb to back of curb with 2 — 6' wide sidewalks. WHEREAS, the City of College Station deems it necessary to permanently improve the hereinafter named street, within the corporate limits of said City; and, WHEREAS, it is necessary to assess a portion of the cost against abutting property owners under the "Front Foot" plan; and, WHEREAS, plans and specifications for the construction of said improvements have been prepared and submitted for approval; now, therefore, BE IT RESOLVED by the City Council of the City of College Station, Texas: r PART 1: That the following named street, or portions thereof, lying and being situated in the City of College Station, Texas, to -wit: 1. Longmire Drive — from Graham Road to its current termination at the Eagle Road Intersection — 48' wide street from back of curb to back of curb with 2 — 6' wide sidewalks. be, and the same are hereby, ordered to be improved. PART 2: That the cost of improvements ordered above shall be paid as follows: a) Not more than all the cost of constructing, reconstructing, repairing and realigning curbs, gutters, and sidewalks, and nine - tenths (9 /10ths) of the remaining costs of such improvements, as shown by the Estimate of Costs, shall be assessed against abutting property and the owners thereof. b) The City of College Station shall pay all remaining costs of the improvements. c) The costs which shall be assessed against abutting owners and their property shall be assessed in accordance with what is known as the "Front Foot" Plan, in proportion to the frontage of the property of each owner to the whole frontage improved; said assessments shall be payable in full, or in monthly installments not to exceed thirty -six (36), and, in no event, shall any such monthly payment be less than Ten Dollars ($10.00) per month. Payment in full or the first monthly installment payment shall be paid within thirty (30) days from the date of acceptance of said improvements by the City Engineer of the City of College Station. In the fir° case of monthly installments, one installment shall be paid each month thereafter until paid in full, together with interest thereon at the rate not to RESOLUTION PROVIDING FOR ASSESSMENT 3 -27- 2003 - 10.05 -B.doc exceed the greater of: eight percent (8 %) a year; or, the rate payable by the municipality on its most recently issued general obligation bonds, determined as of the date of the notice provided by the Texas Transportation Code, with the provision that any of said installments may be paid at any time before maturity by payment of the principal and accrued interest thereon. Any property owner against whom, and upon whose, property an assessment has been levied may pay the whole assessment chargeable to him, without interest, within thirty (30) days after acceptance of said improvements by the City Engineer. If, in the opinion of the City Council, the application of the front foot rule in a particular case would result in injustice or inequality, the City Council shall apportion and assess the costs in the proportion it determines just and equitable, considering: 1. the special benefit the property and the owner receive in enhanced value to the property; 2. the equities of the owners; and 3. the adjustment of the apportionment so as to produce a substantial equality of benefits received and burdens imposed. PART 3: That the plans and specifications presented to the City Council by the Public Works Department of the City of College Station are hereby, approved and adopted and shall be placed on file in the office of the City Engineer. PART 4: That this resolution shall take effect immediately from and after its passage. ADOPTED this 27 day of March A.D. 2003. ATTEST: APPROVED: e iro‘sele CONNIE HOOKS, City Secretary RON L IA, Mayor APPROVED: url. ° opy A i prov0 by: , 9; ` 1/03 City Attorney RESOLUTION PROVIDING FOR ASSESSMENT 3 -27- 2003 - 10.05 -B.doc