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HomeMy WebLinkAbout1984-1532 - Ordinance - 06/28/1984ORDINANCE NO. 1532 AN ORDINANCE CLOSING THE HEARING GIVEN TO THE REAL AND TRUE PROPERTY OWNERS ABUTTING UPON HOLLES~N 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 ~;D DENYING ALL PROTESTS AND OBJECTIONS OFFERED; FIelDING A~D DETERMINING THAT EACH PARCEL OF PROPERTY ABUTTING UPON SAID STREET, WITHI~ Tile LIMITS DEFINED, WILL BE SPECIALLY BENEFITED 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 OWNERS THEREOF, AND LEVYING AN ASSESSMENT FOR THE PAYMENT OF A PORTION OF THE COST OF IMPROVING SAID STREET, WITHIN SAID LIMITS DEFINED, FIXING A CHARGE AND iIEN 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 College Station, Texas, heretofore ordered on June 14, 1984, that the following portion of a street in said c~ty be Improved by raising, grading, filling same, installing concrete curb and gutter and by paving and by installing sidewalks, drains, inlets and storm sewers, where provided in the plans, with necessary incidentals and appurtenances and in accordance with the plans now on f~le with the City and in accordance with the specifications therefor, said portion of said street being as follows, to-wit: That portion of Holleman Street from Texas Avenue to East Bypass Feeder Road (West), 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, the City Council proposes to assess a portion of the cost of such improvements against the owners of the property abutting thereon and against such property; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCli 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 portions of streets against abutting property thereon and against the owners of such property and s~d 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, -1- ORDINANCE NO. 1532 commonly ~nown as Article 1105b Revised Civil Statutes of Texas, and Chapter 3, Section 5-M in the Code of Ordinances for the C~ty of College Station. Said Engineer's Rolls or estimates be and the same are ~ereby adopted and approved as the amount to be assessed against the property owners. III. The several amounts proposed to be assessed against such parcels of property and the owners thereof, are herein described in the letter from the Director of Improvements as set out in Exhibit B, and that 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 corporation shall be personally responsible only for Its, his or her pro rata portion of the total assessment against such property 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 has been held by and before the governing body of the City of College Station, Texas on this the June 28, 1984, 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 considered at such hearing, the City Council has determined that the properties, 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 are 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 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 mentioned or not, shall be and the same are hereby overruled and denied. ORDINANCE NO. 1532 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 improvements 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 delinquent 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 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 assessment, the amount thereof, and the time in which it must be paid. Notice by advertisement and publication shall in all cases De sufficient and binding whether or not any other kind or character of notice be given. PASSED and APPROVED this Assistant City Attorney 28th day of June , 1984. .! EXHIBIT "A" i T~XA$ AVFNU~