Loading...
HomeMy WebLinkAbout1967-0522 - Ordinance - 05/22/1967ORDINANCE NO, 522 ORDINANCE DETERMINING TO ASSESS A PART OF THE COST OF IMPROVING PORTIONS OF WINDING ROAD, LANGFORD STREET, FIRST STREET, PARK PLACE STREET, LIVE OAK STREET, SPRUCE STREET, KERRY STREET AND NORTH WALTON DRIVE IN THE CITY OF COLLEGE STATION, TEXAS AGAINST ABUTTING PROPERTY AND THE OWNERS THEREOF, ADOPTING ENGINEER'S ROLLS, PROVIDING FOR NOTICE OF HEARING, AND DECLARING AN EMERGENCY. WHEREAS, the City Council of the City of College Station, Texas, has heretofore ordered that the following portions of streets in said city be improved by raising, grading, filling same, installing concrete curbs and gutters and by paving and by installing 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 portions of said streets being as follows, to wit: All that certain portion of Winding Road described as follows: Commencing at the intersection of Winding Road and Caudill Street thence in a northeasterly direction along Winding Road until same intersects Langford Street; and All that certain portion of Winding Road described as follows: Commencing at the intersection of Winding Road and South Dexter Drive thence in a southeasterly direction along Winding Road until same intersects County Road; and All that certain portion of Langford Street described as follows: Commencing at the intersection of Langford Street and Winding Road thence in a northwesterly direction along Langford Street until same intersects Orr Street; and All that certain portion of First Street described as follows: Commencing at the intersection of First Street and Patricia Street thence in a northwesterly direction along First Street until same intersects the city limits; and All that certain portion of Park Place Street described as follows: Commencing at the intersection of Park Place Street and Lee Avenue thence in a southwesterly direction along Park Place Street until same intersects South Dexter Drive; and All that certain portion of Live Oak Street described as follows: Commencing at the intersection of Live Oak Street and Highway No. 6 thence in a northeasterly direction along Live Oak Street until same intersects Turner Street; and All that certain portion of Spruce Street described as follows: Commencing at the intersection of Spruce Street and First Street thence in a northeasterly direction along Spruce Street until same intersects Boyett Street; and All that certain portion of Park Place Street described as follows; Commencing at the intersection of Park Place Street and alley between Timber Street and Lee Avenue thence in a southwesterly direction along Park Place Street until same intersects Lee Avenue; and All that certain portion of Kerry Street described as follows: Commencing at the intersection of Kerry Street and Fairview Avenue th easterly direction along Kerry Street until same intersects West Dexter Drive. north- Ordinance No. 522 May 22, 1967 Page 2 All that certain portion of North Walton Drive described as follows: Certain portions of North Walton Drive abutting Lots 4 through 11, Block 1, College Hills Estates. The improvements to Winding Road, Langford Street, First Street, Live Oak Street, Spruce Street and Kerry Street shall consist of a four (4) inch compact depth Hot Mix Asphaltic Base with a one (1) inch asphalt plant mix with concrete curbs to a width, measured from back to back of 31 feet, as provided in said plans and specifications; and The improvements to Park Place Street from the intersection of Park Place Street and Lee Avenue southwesterly to the intersection of Park Place Street and South Dexter Drive shall consist of a four (4) inch compact depth Hot Mix Asphaltic Base with a one (1) inch asphalt plant mix with concrete curbs to a width, measured from back to back of 37 feet, as provided in said plans and specifications; and The improvements to Park Place Street from the intersection of Park Place Street and alley between Timber Street and Lee Avenue southwesterly to the intersection of Park Place Street and Lee Avenue shall consist of a four (4) inch compact depth Hot Mix Asphaltic Base with a one (1) inch asphalt plant mix with concrete curbs to a width, measured from back to back of 27 feet, as provided in said plans and specifications; and The improvements to certain portions of North Walton Drive abutting Lots 4 through 11, Block 1, College Hills Estates shall consist of a four (4) inch compact depth Hot Mix Asphaltic Base with a one (1) inch asphalt plant mix with concrete curbs varying in width, measured from back to back, as provided in said plans and specifications; and WHEREAS, the City of College Station has entered into a contract with Young Bros. Construction Company of Waco, Texas in the amount of $107,099.26 for the improvements of said Winding Road, Langford Street, First Street, Park Place Street, Live Oak Street, Spruce Street, Kerry Street and North Walton Drive, and the City Engineer has prepared and filed rolls or statements concern- ing the improvements and assessments therefor; and WHEREAS, the City Council has determined to assess a portion of the cost of such improvements against the owners of the property abutting thereon and against such property; and WHEREAS, the present condition of such streets and places endangers the public health and safety and it is necessary that the improvements thereof be proceeded with while the weather permits, and such improvements are being delayed pending the passing and taking effect of this ordinance and the other proceedings incidental thereto, and such facts constitute and create an emergency: THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLTHGE STATION, TEXAS, THAT: 01303 Ordinance No. 522 May 22, 1967 Page 3 I The City of College Station does hereby determine to 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 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. II Said rolls or statements be and the same are hereby adopted and approved. III The several amounts proposed to be assessed against such parcels of property and the owners thereof, the other matters and things as shown on said rolls or statements being as follows, to wit: Name of Owner Description No. of Front Feet Dick B. Haddox Mayne D. Laster Raymond V. Hite John F. Griffith Andrew H. Layman Billy F. Ireck Robert J. Butler Robert M. Richardson Marion C. Pugh James R. Jones Edward Uvacek, Jr. Earl S. Webb W & W General Contractors Leigh H. Fate Amount Lot Pt. 1, Block 5 Southeast College Park 234. $702.00 Lot Pt. 1 & 7, Block 5 Southeast College Park 105. 315.00 Lot 8, Block 5 Southeast College Park 92.2 276.60 Lot 9, Block 5 Southeast College Park 100. 300.00 Lot 10, Block 5 Southeast College Park 100. 300.00 Lot 11, Block 5 Southeast College Park 100. 300.00 Lot 5, Block 3 Southeast College Park 100. 300.00 Lot 6, Block 3 Southeast College Park 100. 300.00 Lot 7, Block 3 Southeast College Park 74.2 222.60 Lot 8, Block 3 Southeast College Park 80. 240.00 Lot 9, Block 3 Southeast College Park 80. 240.00 Lot 10, Block 3 Southeast College Park 86.3 258.90 Lot 11, Block 3 Southeast College Park 100. 300.00 Lot 12, Block 3 Southeast College Park 100. 300.00 U1304'' Ordinance No. 522 May 22, 1967 Page 4 Name of Owner Description No. of Front Feet Glen G. Eimann Ernest Langford Nat Kieffer Loyd B. Keel N. D. Durst Randolph Stelley James R. Martin F. W. Hensel, Jr. L. L. Palmer J. B. Hervey Donald E. Walsh Melvin Eisner J. E. Oliver James G. Mitchell Martin McBride W. E. Burch, Jr. E. B. Doran T. R. Holleman L. Dale Webb Jane M. Emerick Richard Wainerdi J. G. McGuire D. L. Brown Don Dale .Amount Lot 13, Block 3 Southeast College Park 100. $300.00 Lot 1, Pt. 2, Block 10 Knoll 116.5 349.50 Lot Pt. 2, Block 10 Knoll 120. 360.00 Lots Pt. 2, Pt. 3, Block 10, Knoll 75. 225.00 Lots Pt. 3, Pt. 4, Block 10, Knoll 110. 330.00 Lots Pt. 4, Pt. 5, Block 10, Knoll 135. 405.00 Lot Pt. 5, Block 10 Knoll 140. 420.00 Lot Pt. 6, Block 10 Knoll 168.55 505.65 Lot Pt. 6, Block 10 Knoll 168.55 505.65 Lot 13, Block 9 Knoll 260. 780.00 Lot 14, Block 9 Knoll 101. 303.00 Lot 15, Block 9 Knoll 157. 471.00 Lot 16, Block 9 Knoll 153.1 459.30 Lot 17, Block 9 Knoll 74.7 224.10 Lot Pt. 18, Pt. 19, Block 9, Knoll 110.3 330.90 Lot Pt. 18, Pt. 19, Block 9, Knoll 100.9 302.70 Lot 1, Block 9 Knoll 340.8 1,022.40 Lot 2, Block 9 Knoll 100. 300.00 Lot 3, Block 9 Knoll 101.5 304.50 Lot 4, Block 9 Knoll 101.2 306.50 Lot 1, Block 11 Knoll 103. 309.00 Lot 2, Block 11 Knoll 142. 426.00 Lot 3, Pt. 4, Block 11 Knoll 150.75 452.25 Lot Pt. 4, Pt. 5, Block 11, Knoll 152.05 456.15 oII DS Ordinance No. 522 May 22, 1967 Page 5 Name of Owner Description No. of Front Feet James R. Brown Rosa E. Spriggs U. D. Havelka George E. Potter J. Q. Anderson I. G. Adams C. H. Chaney Wayne Allen C. B. Edwards G. W. Adriance C. H. Ransdell W. A. Varvel Allen L. Stacell John B. Smith T. R. Timm Peggy Campbell Owens J. W. Mitchell J. C. Gaines D. E. Dillon R. M. Owens C. B. Campbell, Jr. F. W. Gould E. H. Fenner H. L. Morton Lot 5, Block 4 College Park Lot 4, Block 5 College Park Lot 7, Block 6 College Park Lot 1, Block 6 College Park Lot 1, Block 7 College Park Block Pt. 8A College Park Block Pt. 8A College Park Block Pt. 8A College Park Lot Pt. 1, Block 8 College Park Lot Pt. 1, Block 8 College Park Lot 8, Block 8 College Park Lot 5, Block 21A College Park Lot 6, Block 21A College Park Lot 20, Block 6 Oakwood Lot 22, Block 6 Oakwood Lot 38, Block 5 Oakwood Lot 20, Block 5 Oakwood Lot 33, Block 4 Oakwood Lot 16, Block 4 Oakwood Lots 1 & 2, Block 7 Oakwood Lots 3 & 4, Block 7 Oakwood Lots 5 & 6, Block 7 Oakwood Lots 8 & 9, Block 7 Oakwood Lots 10 & 11, Block 7 Oakwood Amount 125. $375.00 110. 330.00 125. 375.00 110. 330.00 125. 375.00 100. 300.00 137.5 412.50 202.65 607.95 100. 300.00 90. 270.00 120. 360.00 125. 375.00 125. 375.00 146.33 438.99 146.33 438.99 145. 435.00 145. 435.00 145. 435.00 145. 435.00 100. 300.00 100. 300.00 100. 300.00 100. 300.00 100. 300.00 1p BOORUM & PEASE 3 Ordinance No. 522 May 22, 1967 Page 6 Name of Owner Description No. of Front Feet Amount W. H. Taylor Lots 12 & 13, Block 7 Oakwood 100. $300.00 Chester A. O'Donnell Lot 32, Block 3 Oakwood 153. 459.00 Sanford J. Ritchey Lot 34, Block 3 Oakwood 153. 459.00 Jack Boyett Lot 14, Block 14 Boyett 63.2 189.60 A. W. Wortham Lot 15, Block 14 Boyett 60. 180.00 N. K. Boyett Estate Lot 16, Block 14 Boyett 60. 180.00 A. W. Wortham Lot 17, Block 14 Boyett 63.2 189.60 Norma S. Boyett Hendler Lot 1, Block 16 Boyett 50. 150.00 0. M. Holt Lot 2, Block 16 Boyett 50. 150.00 Brazos County Dev. Corp. Lot 3, Block 16 Boyett 50. 150.00 Brazos County Dev. Corp. Lot 4, Block 16 Boyett 50. 150.00 Brazos County Dev. Corp. Lot 5, Block 16 Boyett 56.4 169.20 Royce J. Jones Lot 1, Block 9 Boyett 50. 150.00 Royce J. Jones Lot 2, Block 9 Boyett 50. 150.00 Royce J. Jones Lot 3, Block 9 Boyett 50. 150.00 Jack Boyett Lot 6, Block 10 Boyett 50. 150.00 Jack Boyett Lot 5, Block 10 Boyett 50. 150.00 A. W. Wortham Lot 4, Block 10 Boyett 50. 150.00 City of College Station Lot 22, Block 11 Boyett 50. 150.00 Curtis Bullock Lot 21, Block 11 Boyett 50. 150.00 Claude E. Boyett Lot 20, Block 11 Boyett 50. 150.00 J. B. Hervey Lot 19, Block 11 Boyett 50. 150.00 J. B. Hervey Lot 18, Block 11 Boyett 50. 150.00 J. B. Hervey Lot 17, Block 11 Boyett 50. 150.00 Ima B. Higgins Lot 16, Block 11 Boyett 50. 150.00 01307 Ordinance No. 522 May 22, 1967 Page 7 Name of Owner Jack Boyett Anna Bess Boyett Reed Eric Brummer Guy Boyett Donald Lamar Donald Lamar Dorothy Johnson Lusk William H. Burns J. B. Hervey M. Sid Clark M. Sid Clark 0. M. Holt A. P. Boyett A. P. Boyett A. P. Boyett George Boyett George Boyett William T. Moore William T. Moore William T. Moore William T. Moore William T. Moore Anna Bess Boyett Reed Anna Bess Boyett Reed A. W. Wortham Description Lot 15, Boyett Lot 14, Boyett Lot 13, Boyett Lot 12, Boyett Lot 1, Boyett Lot 2, Boyett Lot 3, Boyett Lot 4, Boyett Lot 5, Boyett Lot 6, Boyett Lot 7, Boyett Lot 8, Boyett Lot 9, Boyett Lot 10, Boyett Lot 11, Boyett Lot 14, Boyett Lot 13, Boyett Lot 12, Boyett Lot 11, Boyett Lot 10, Boyett Lot 9, Boyett Lot 8, Boyett Lot 1, Boyett Lot 2, Boyett Lot 3, Boyett Block 11 Block 11 Block 11 Block 11 Block 12 Block 12 Block 12 Block 12 Block 12 Block 12 Block 12 Block 12 Block 12 Block 12 Block 12 Block 13 Block 13 Block 13 Block 13 Block 13 Block 13 Block 13 Block 14 Block 14 Block 14 No. of Front Feet 50. 50. 50. 50. 50. 50. 50. 50. 50. 50. 50. 50. 50. 50. 50. 50. 50. 50. 50. 50. 50. 50. 50. 50. 50. Amount 150.00 150.00 150.00 150.00 150.00 150.00 150.00 150.00 150.00 150.00 150.00 150.00 150.00 150.00 150.00 150.00 150.00 150.00 150.00 150.00 150.00 150.00 150.00 150.00 150.00 01308 Ordinance No. 522 May 22, 1967 Page 8 Name of Owner George Boyett George Boyett William C. Boyett A. W. Wortham A. P. Boyett A. P. Boyett Anna Bess Boyett Reed Gladys Boyett Carroll N. P. Ward N. K. Boyett Estate Jack Boyett N. K. Boyett Estate N. K. Boyett Estate N. K. Boyett Estate J. N. Burditt & L. E. Winder J. N. Burditt & L. E. Winder Jessie Boring Jack Boyett Jack Boyett Jack Boyett Norma Sue Boyett Hendler Joseph Konecny Madeline Holland Curtis E. Lusk William H. Rose Joseph J. Gautreaux Alfred Kortis Description Lot 4, Boyett Lot 5, Boyett Lot 6, Block 14 Boyett Lot 7, Block 14 Boyett Lot 8, Block 14 Boyett Lot 9, Block 14 Boyett Lot 10, Block 14 Boyett Lot 11, Block Boyett Lot 12, Block 14 Boyett Lot 13, Block 14 Boyett Lot 14, Block 14 Boyett Lot 20, Block 1.5 Boyett Lot 19, Block 15 Boyett Lot 18, Block 15 Boyett Lot 17, Block 15 Boyett Lot 16, Block 15 Boyett Lot 15, Block 15 Boyett 1/3 Acre, Boyett 1/3 Acre, Boyett 1/3 Acre, Boyett Lot 1, Block 16 Boyett Lots 1, 2, 3, Pt. 4, Block E, College Vista Lots Pt. 4, Pt. 5, Block E, College Vista Lots Pt. 5, Pt. 6 Block E, College Vista Lots Pt. 6, 7, Block E College Vista Lots 8, Pt. 9, Block D College Vista Lots Pt. 9, Pt. 10, Block D, College Vista Block 14 Block 14 14 No. of Front Feet 50. 50. 50. 50. 50. 50. 50. 50. 50. 50. 100. 50. 50. 50. 50. 50. 78.9 66.1 66.1 66.1 150. 155. 75. 60. 60. 55. 60. Amount $150.00 150.00 150.00 150.00 150.00 150.00 150.00 150.00 150.00 150.00 300.00 150.00 150.00 150.00 150.00 150.00 236.70 198.30 198.30 198.30 450.00 465.00 225.00 180.00 180.00 165.00 180 61309 Ordinance No. 522 May 22, 1967 Page 9 Name of Owner Description No. of Front Feet E. W. Hawley E. G. Martinez Area Progress Corp. D. L. Lewis 0. C. Pechacek R. L. Schwebel Lewis E. Fair Forest Wyman Lewis Joe F. Matous Raymond H. Leidig Michael Paul Anderson Alma Holder Todd Francis W. Strenger A. L. Rosprim Norman Beal B. M. Cooley M. M. McLennan T. 0. Walton B. B. Scasta Emmett G. Kelley Allister Waldrop (Agent) J. C. Culpepper J. C. Culpepper J. C. Culpepper Amount Lots Pt. 10, 11, Block D, College Vista 85. $255.00 Lots 12, Pt. 13, Block D, College Vista 60. 180.00 Lots Pt. 13, 14, Block D, College Vista 90. 270.00 Lot 6, Block C College Vista 65. 195.00 Lot 7, Block C College Vista 55. 165.00 Lot Pt. 8, Block C College Vista 51.9 155.70 Lots Pt. 8, Pt. 9, Block C, College Vista 57. 171.00 Lots Pt. 9, 10, Block C, College Vista 61.1 183.30 Lot 1, Block F College Vista 60. 180.00 Lot 2, Block F College Vista 55. 165.00 Lot 3, Block F College Vista 55. 165.00 Lot 4, Block F College Vista 55. 165.00 Lot 5, Block F College Vista 65. 195.00 Lot 26, D. A. Smith 399. 1,197.00 Lots Pt. 25, Pt. 30 D. A. Smith 676.9 2,031.70 Lot Pt. 31, D. A. Smith 400. 1,200.00 Lot Pt. 30, D. A. Smith 122.1 366.30 Lot 4, Block 1 College Hills 150. 900.00 Lots 5, 6, Block 1 College Hills 100. 600.00 Lot 7, Block 1 College Hills 50. 300.00 Lot 8, Block 1 College Hills 50. 300.00 Lot 9, Block 1 College Hills 50. 300.00 Lot 10, Block 1 College Hills 50. 300.00 Lot 11, Block 1 College Hills 60. 360.00 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 of the total assessment against L 01310 Ordinance No. 522 May 22, 1967 Page 10 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 propor- tionate sum. 1V A hearing shall be given by and before the governing body of the City of College Station, Texas, on the 12th day of June, 1967, at 7:00 p.m. at the City Council Chamber of the City Hall of the City of College Station, Texas, to the owners of the respective parcels of property and to all others in any wise interested, whether they be named herein or not, all of whom are hereby notified to be and appear at the time and place herein named and fixed, and said hearing shall be continued from time to time and from day to day, if necessary, until all desiring and presenting themselves to be heard, shall have been fully and fairly heard, and at which hearing any mistakes, irregularities or invalidities in any of the proceedings with reference to the making of said improvements or assessments therefor may be corrected and the benefits by means of said improve- ments, and the amount of the assessments, and the apportionment of the cost of the said improvements, and all other matters and things shall be determined, and the real and true owners of the property abutting upon the said streets to be improved, and any and all others in any wise interested, their agents and attorneys shall be and appear at said hearing at said time and place and present and make any protest or objections which they or any of them may have as to the said improvements, as to the benefits therefrom, as to the cost thereof, as to the amounts of such assessments, or as to the amounts assessed, or as to any mistake, irregularity or invalidity in any proceedings with reference to said assessments, such improvements, or to the contracts therefor and as to any other matter or thing in any wise connected, either with said improvements, contracts, or proceedings and after all desiring and presenting themselves to be heard, either in person or by agents, attorneys or representatives have been fully and fairly heard, the said hearing shall be closed and assessments will by ordinance and in accordance with law and the proceedings of the city be levied against the respective parcels of abutting property and the owners thereof, whether such owners be named herein or not, and whether the property be correctly described or not.. At such hearings anyone in any wise interested or affected may subpoena witnesses and introduce evidence and have the right to appear and be heard. V 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 on or before thirty days after date of completion and acceptance of the improvements and said assessments shall bear interest from date of such completion and acceptance until paid at the rate of eight per centum (8%) per annum, payable annually, provided, any owner shall have the right to pay the assessment at any time before maturity by paying principal and interest accrued to date of payment, provided further that if default be made in the payment promptly as•the same matures the entire assessment shall be collectible together with reasonable attorney fees and cost of collection, if incurred. 01311 lea Ordinance No. 522 May 22, 1967 Page 11 VI U') The improvements in each unit constitute an entirely separate district 0- and independent unit, and the proposed assessment for the improvement in each c5 unit is in no wise affected by any fact or circumstance in connection with any IE other unit all to the same extent and as fully as if entirely separate proceed- ings had separate hearings, and separate notices thereof ordered. () VII 0 05 The City Secretary of the City of College Station is directed to give notice to the owners of property abutting upon the said portions of streets named to be improved and to all others interested, of the time, place and purpose of such hearings and of all matters and things by causing a substan- tially correct copy of this ordinance to be published at least three times in a newspaper published in and of general circulation in the City of College Station, Texas, the first of which publication shall be made at least ten days before the date of such hearing, and by such publication all owners of prop- erty abutting upon said portions of said streets and avenues, whether such owners be named herein or not and whether the property be correctly described herein or not, as well as to all others in any wise interested therein or to be affected thereby, shall be and are duly notified and no error or mistake in the name of any property owner, in the description of any property or in the amount of any proposed assessment shall in anywise affect or invalidate such notice or any assessment levied pursuant thereto, and the real and true owners of such abutting property shall be and are by such notice duly and fully notified. The City Secretary i$ further directed, but not required to give further notice of such hearing by causing a substantial copy of such published notice to be mailed to each owner of property abutting upon such portions of said streets and avenues, but all such notices by mail shall be only cumulative of such notice by advertisement and publication, and said notice by advertisement and publication shall in all cases be sufficient and binding whether or no any other ih th t th kind or character of notice be given. VIII The present condition of said portions of streets and avenues endangers health and public safety, and it is necessary that the improvements thereof Ul be proceeded with at once and while the weather will permit, and such facts U constitute and create an emergency and an urgent public necessity requiring 11.1 that the rules and provisions providing for ordinances to be read more than one time or at more than one meeting be suspended, and requiring that this ordinance be passed as and take effect as an emergency measure, and such rules and provisions are accordingly suspended and this ordinance is passed as and shall take effect as an emergency measure and shall be in full force and effect from and after its passage. 0 PASSED AND APPROVED this the 22nd day of May, 1967. ATTEST: City Secretary APPROVED: si--a.(1x444,1)11 Mayor 01312