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Home My WebLink About1987-1704 - Ordinance - 05/14/1987ORDINANCE NO. 1704 AN ORDINANCE CLOSING THE HEARING GIVEN TO THE REAL AND TRUE PROPERTY OWNERS ABUTTING UPON DARTMOUTH STREET IN THE CITY OF COLLEGE STATION, TEXAS, AS TO SPECIAL BENEFITS TO ACCRUE TO SAID PROPERTY AND THE REAL AND TRUE OWNERS THEREOF BY VIRTUE OF THE IMPROVEMENT 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 DETERMINING THAT EACH PARCEL OF PROPERTY ABUTTING UPON SAID STREET, WITHIN THE LIMITS DEFINED, WILL SE SPFCIALLY BENEFITED AND ENHANCED IN VALUE IN EXCESS OF THE AMOUNT OF TFE COST OF SAID IMPROVEMENTS PROPOSED TO BE AND AS ASSESSED AGAINST SAID PROPERTY AND THE REAL AND TRUE OWNERS THEREOF; LEVYING AN ASSESSMENT FOR THE PAYMENT OF A PORTION OF THE COST OF IMPROVING SAID STREET, WITHIN SAID LIMITS DEFINED; FIXING A CHARGE AND LIEN UPON SAID PROPERTIES AND THE REAL AND TRUE OWNERS THEREOF; ADOPTING THE ENGINEER'S ROLLS; AND PROVIDING FOR THE MANNER AND METHOD OF COLLECTION OF SAID ASSESSMENTS. WHEREAS, the City Council of the City of Colleqe Station, Texas, heretofore ordered on June 28, 1984, that the following street in said city be constructed by raisina, aradina, fillina same, installing concrete curb and qutter and by pavinq and by insta]l- inq sidewalks, drains, inlets an~ storm sewers, where provided in the plans, with necessary incidentals and appurtenances, in ac- cordance with the plans now on file with the City, and in accor- dance with the specifications therefor; said portion of said street bein~ as follows, to-wit: Dartmouth Street from Woodstock subdivision to Brentwood, connecting Dartmouth Street, all as shown on the plat attached hereto as Exhibit "A"; WHEREAS, prior to the construction of the project, the Governin~ body prepared estimates of the costs of the improvements; WHEREAS, prior to the construction of the project, the ~overnin~ body sought an independent appraiser's calcu]atiom of the en- hancement value to the property; and WHEREAS, the City Council proposes to assess a portion of the cost of such improvements aaainst the owners of the property abuttina thereon and a~ainst such property; 004992 NOW, THEREFORE, BE IT ORDAINED BY TEE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS THAT: The City of College Station does hereby assess a portion of the cost of said improvements on said portion of Dartmouth Street against abutting property thereon and against the owners of such property; 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. II. Said Engineer's Roils or estimates be and the same are hereby adopted. III. The several amounts proposed to be assessed against such parcels of property and the owners thereof are herein described in the schedule from the City Engineer as set out in Exhibit B. The assessments enhance the value of the abutting properties 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 corpora- tion 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 ownerahip 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. Hearings have been held by and before the governing body of the City of College Station, Texas on the 23rd day of April, 1987, and on the 14th day of May, 1987, at 7:00 P.M. at the City Council Chambers of the City Hall of the City of College Station, - 2 - 004993 Texas prior to matters, testimony, and objections considered at such hearing. The City Council has determined that the proper- ties, 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 said amount is hereinafter assessed against each of said parcels of property abutting upon said street and the real and true owners 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 owners of properties abut- ting 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 mentioned or not, shall be, and the same are hereby overruled and denied. 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 im- provements 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 installments above shall become de- linquent 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 the time shall become due and payable immediately and shall draw eight percent (8%) interest per annum until paid. VI. The City Secretary of the City of College Station is directed to give notice to the real owners of the property abutting upon the said portions of the street and to all others interested, of the - 3 - 004994 assessment levied and the amount thereof by publication in a newspaper published in and of genera] 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 assessment, the amount thereof, and the time in which it must be paid. Notice by advertisement and publication shall in all cases be sufficient and bindina whether or not any other kind or character of notice be given, PASSED and APPROVED this 14th day of May , 1987. ATTEST: APPROVED AS TO FORM: City Attorney APPROVED: - - 004995 ( JA,u~q JEI'T 1, 'IAiCJflT Si~YAJI, TEIAS 77802 IIAYIrlELO Iflt. IfLllS~ JElrrEISOdl 4408 SPI~J~00 SI~IliAS RI. AUSTI#, TEXAS 787q OOBEfIr J'. II~YFIEIJ 4408 SPICF. JmOB sram Ira. AUSTIN, TEXAS 78752 J, 6&qLANO IfATSeJI 2400 BJI~JO~ MVAS, TEXAS 77802 lr~qf lt. ICA~d £T Al. 748 S. IIOSEJt~¥ ~VAJI, TEXAS 77802 I I'liOlITAG~ J ASSF.&611GIT I ;NSCIIIPTEOII gl' TII~C/I LPlEAS F~TI IIL.f. I I I I I I I I l I I I I S17%973.611 LEIIIS ,r. ICIIII~ATiIIClC CIO TEXAS LAIID CO,, Ill2 MX ~ BllYASj TEXAS 77803 K. EJ.U ~ LEIIIS t DAVIS ~ 2~' 'IASGAI£ DR.. , TEXAS 77902 J~STESII GOLf SAVING6 & LOAN 313011h7 ITl ~lT FM IA~S~T I I I I I I I I I I I : I I I I I IVOL 328, PAGE 15~ I 109~.4~11 19'%&Ol IIHj72§.021 143,200.001 S.O0; 143,200.001 IV(X. Do, PA~ 3&2 I IISS. SBI fl5.601 11CO,H3.851 I2ES, 01S. O01 l. O01 1108,943.851 St'V&CAAt~.LO~liSGIViC[S 117&7 KAN F#V. 51llT£ 900 iiOUSTOli, T£1AS 77079 liOlgl E~TI~ I#ASSL~SIIF. IIT EASSFJT AIIJISITIOll. Exhibit "B" 004997