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HomeMy WebLinkAbout1968-0584 - Ordinance - 07/22/1968ORDINANCE NO. 551 ORDINANCE DETERMINING TO ASSESS A PART OF THE COST OF IMPROVING PORTIONS OF HIGHLANDS STREET, MONTCLAIR AVENUE, AYRSHIRE STREET, BELL STREET, NIMITZ STREET, MUNSON AVENUE AND MARS'1ELLER AVENUE 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 hereto- fore 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 Commencing at southeasterly and All that Commencing at southeasterly and certain portion of Highlands Street described as follows: the intersection of Highlands Street and Jersey Street thence in a direction along Highlands Street until same intersects Luther Street; certain portion of Montclair Avenue described as follows: the intersection of Montclair Avenue and Jersey Street thence in a direction along Montclair Avenue until same intersects Luther Street; All that certain portion of Ayrshire Street described as follows: Commencing at the intersection of Ayrshire Street and Jersey Street thence in a southeasterly direction along Ayrshire Street until same intersects Bell Street; and All that certain portion. of Bell Street described as follows: Commencing at the intersection of Bell Street and Ayrshire Street thence in a north- easterly direction along Bell Street until same intersects Hereford Street; and All that certain portion of Nimitz Street described as follows: Commencing at the intersection of Nimitz Street and Cooner Street thence in a south- easterly direction along Nimitz Street until same intersects Sulphur Springs Road; and All that certain portion of Munson Avenue described as follows: Commencing at the intersection of Munson Avenue and Francis Drive thence in a northwesterly direction along Munson Avenue until same intersects Lincoln Avenue; and All that certain portion of Marsteller Avenue described as follows: Commencing at the intersection of Marsteller Avenue and Woodland Parkway thence in a southeasterly direction along Marsteller Avenue until same intersects Gilchrist Avenue; and All that certain portion of Marsteller Avenue described as follows: Commencing at the intersection of Marsteller Avenue and Francis Drive thence in a southeasterly direction along Marsteller Avenue until same intersects the creek. The improvements to Highlands Street, Montclair Avenue, Nimitz Street, Munson Avenue and Marsteller Avenue shall consist of a six (6) inch compact depth lime- stone base with a one (1) inch plant mix surfacing, or a four (4) inch black base and a one (1) inch plant mix surfacing with concrete curbs to a width, measured 01479 from back to back of 25 feet, as provided in said plans and specifications; and The improvements to Ayrshire Street and Bell Street shall consist of,a six (6) inch compact depth limestone base with a one (1) inch plant mix surfacing, or a four (4) inch black base and a one (1) inch plant mix surfacing with concrete curbs to a width, measured from back to back of 25 feet, as provided in said plans and specifications; and WHEREAS, the City of College Station has entered into a contract with Young Brothers Contractors, Inc. of Waco, Texas in the amount of $99,664.51 for the improvements of said Highlands Street, Montclair Avenue, Ayrshire Street, Bell Street, Nimitz Street, Munson Avenue and Marsteller Avenue, and the City Engineer has prepared and filed rolls or statements concerning 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 COLLEGE STATION, TEXAS, THAT: 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 Artilce 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 John C. Vinson Oscar J. Chancey Lt. W. H. Kettler Lot 8, Block 5, West Park Lot 2, 3, 25' of 4, Block 2, West Park Lot 29' of 4, 39' of 5, Block 2, West Park Amount 145.0 $435.00 135.7 407.10 68.0 204.00 01460 Name of Owner Mrs. B. A. Hardaway Carlos A. M. Maperan Robert R. Lyle James R. Kluth Wilson A. Bradley A. P. Boyett, Jr. & Clyde J. Porterfield Joel Goldman Mary Nolley Brewster Emil Mamaliga Unitarian Fellowship Douglas Royder William L. Tomlinson L. G. Jones Will Schaefer, Jr. Lawrence R. Vernon Curtis Gray Jackie A. Va.lerius J. B. Nemec Ran Boswell Mrs. Alvin Moore David H. Smyth Henry A. Lampert Hubert Hearne Sul Ross Masonic Lodge Leslie L. Palmer John E. Danzeiser Thomas G. Bradfield Description Lot 6, 7, 19' Block 2, West Lot 35' of 8, Block 2, West Lot 21' of 9, Block 2, West Lot 1, 1/2 of Block C, West Lot 1/2 of 2, 3, Block C, West Park Lot 1, Block 9, West Park Lot 7, 45' of 8, Block 9, West Park Lot 5' of 8, 9, 10, Block 9, West Park Lot 11, 12, Block 9, West Park Lot 13, 14, Block 9, West Park Lot 23, Block 9, West Park Lot 7, Block 6, West Park Lot 1, Block 6, West Park Lot 1, Block 3, West Park Lot 7, 20' of 8, Block 3, West Park Lot 30' of 8, 40' of Block 3, West Park Lot 10' of 9, 10, 10' of 11, Block 3, West Park Lot 40' of 11, 23' of 12, Block 3, West Park Lot 27' of 12, 13, Block 3, West Park Lot 6, Block 1, West Park Lot 4, Block 1, West Park Lot 4, 1/2 of 5, Block B, West Park Lot 1/2 of 5, 6, Block B, West Park Lot 13, Block 8, West Park Lot 15, 1/2 of 16, Block 8, West Park Lot 1/2 of 16, 17, Block 8, West Park Lot 18, 1/2 of 19, Block 8, West Park of 8, Park 33' of Park 10, Park 2, Park 9, 9, No. of Front Feet Amount 142.0 $426.00 68.0 204.00 77.0 231.00 75.0 225.00 74.7 224.10 100.0 300.00 96.9 290.70 105.0 315.00 100.0 300.00 100.0 300.00 150.0 450.00 150.0 450.00 145.0 435.00 122.7 368.10 70.0 210.00 70.0 210.00 70.0 210.00 63.0 189.00 77.0 231.00 120.0 360.00 120.0 360.00 75.0 225.00 74.7 224.10 100.0 300.00 76.9 230.70 75.0 225.00 75.0 225.00 0081 Name of Owner Eldred E. Dayhoff Marie T. Dunn Mrs. John Ashton Mary Ward H. E. Burgess Glen M. Rydl James A. Colson Mrs. R. L. Hunt Dan R. Davis 0. C. Murphy Gustav Reinhardt W. R. Morrison John E. Roche William B. Shanks William P. Yeager Ralph E. Wilson Mrs. Helen Archer Aubrey Arnold Vince Court Bardin Nelson Marion C. Pugh W. J. Faulk Fred Hnle Lola Thompson Mrs. C. D. Trail Description No. of Front Feet .Amount Lot 1/2 of 19, 20, Block 8, West Park 75.0 $225.00 Lot 21, 22, Block 8, West Park 100.0 300.00 Lot 24, Block 8, West Park 150.0 450.00 Lot 16, Block 5, West Park 150.0 450.00 Lot 1, Block 8, West Park 100.0 300.00 Lot 14, Block 8, West Park 78.6 235.80 Lot 25, Block 8, West Park 80.0 240.00 Lot 26, Block 8, West Park 321.0 963.00 Lot 27, Block 8, West Park 80.0 240.00 Lot 9, Block 5, West Park 150.0 450.00 Lot 1, Block 5, West Park 145.0 435.00 Lot 17, Block 2, West Park 55.0 165.00 Lot 16, Block 2, West Park 70.0 210.00 Lot 15, Block 2, West Park 70.0 210.00 Lot 14, Block 2, West Park 70.0 210.00 Lot 13, Block 2, West Park 70.0 210.00 Lot 12, Block 2, West Park 70.0 210.00 Lot 11, Block 2, West Park 80.0 240.00 Lot 1, 2, & 3, Block D, West Park 220.0 660.00 Lot 4, Block D, West Park 70.0 210.00 Lot 1, Block 1, College Park 120.0 360.00 Lot 1/2 of 14, 15, Block 1, College Park 65.0 195.00 Lot 13, 1/2 of 14, Block 1, College Park 75.0 225.00 Lot 12, Block 1, College Park 50.0 150.00 Lot 11, Block 1, College Park 50.0 150.00 01482 Name of Owner Description No. of .Front Feet Mrs. R. L. Hunt H. S. Creswell Carmon F. Tax Aubry R. Rice Kerfert Adams L. A. Marek Fletcher German I. R. Adams Elton Kahn James W. Bassett Mrs. Ann Baker James B. Baty C. H. Chaney C. H. Ransdell A. E. Denton E. E. Vezey Norman F. Rode Frederick A. Gardner V. E. Schember Marshall M. Miller John E. Reierson John Q. Anderson F. R. Jones J. W. O'Brien F. Merrill Ranck, Jr. Lot 7, 8, Block 3, College Park Lot 5, 6, Block 3, College Park Lot 16, 17, Block 5, College Park Lot 1/2 of 14, 15, Block 5, College Park Lot 37.5' of 13, 1/2 of 14, Block 5, College Park Lot 12, 12.5' of 13, Block 5, College Park Lot 11, Block 9, College Park Lot 6, 7, 8, & 9, Block A, College Park Lot 25' of 4, 5, Block A, College Park Lot 49' of 2, 3, 25' of 4, Block A, College Park Lot 1, 15' of 2, Block A, College Park .67 Ac. (Lot 12, Blk 2A) College Park Block 8-A, College Park Lot 50' of 7, 8, Block 8, College Park Lot 5, 6, 20' of 7, Block 8, College Park Lot 11, 12, Block 12, College Park Lot 9, 10, Block 12, College Park Lot 8, Block 12, College Park Lot 5, 6, & 7, Block 12, College Park Lot 2, 3, Block 2, College Park Lot 4, Block 2, College Park Lot 1, Block 7, College Park Lot 2, Block 7, College Park Lot 3, Block 7, College Park Lot 4, 5, Block 7, College Park Amount 110.0 $330.00 100.0 300.00 100.0 300.00 75.0 225.00 62.5 187.50 62.5 187.50 120.0 360.00 200.0 600.00 75.0 225.00 124.0 372.00 79.5 238.50 148.4 445.20 210.0 630.00 120.0 360.00 140.0 420.00 135.0 405.00 100.0 300.00 50.0 150.00 150.0 450.00 135.0 405.00 80.0 240.00 60.0 180.00 50.0 150.00 50.0 150.00 100.0 300.00 01463 Name of Owner Mrs. E. S. McFadden Walter S. Lang, Jr. E. L. Harrington Mike L. Bukowski J. B. Blakeley Claire Hugget V. E. Schember G. W. Schlesselman Mrs. George E. Potter L. A. Willingham Mrs. E. M. Folschinsky Mrs. George E. Potter Clarence Lorenz Elmo Newsome Richard J. Zgaboy Keith Cowan Morris Thibodeaux John L. Tucker Gilbert Eimann Larry Landry R. G. Wiese Carl Paradowski Bruno J. Zwolinski L. A. Maddox B. C. Moore Description Lot 1, 20' of 2, Block 11, College Park Lot 50' of 2, 25' of 3, Block 11, College Park Lot 25' of 3, & 4, Block 11, College Park Lot 5, Block 11, College Park Lot 6 & 7, Block 11, College Park Lot 8, Block 11, College Park Lot 5, Block 12, College Park Lot 1 & 2, Block 19, College Park Lot 1, Block 4, Cooner Lot 5, Block 3, Cooner Lot 10, 12.5' of 11, Block D, College Heights Lot 37.5' of 11, 25' of 12, Block D, College Heights Lot 25' of 12, 13, Block D, College Heights Lot 14, 25' of 15, Block D, College Heights Lot 25' of 15, 16, Block D, College Heights Lot 17, 18, Block D, College Heights Lot 6, Block B, College Heights Lot 5, Block B, College Heights Lot 4, Block B, College Heights Lot 3, Block B, College Heights Lot 75' of 2, Block B, College Heights Lot 5' of 2, 1, Block B, College Heights Lot 18, 19, Woodland Acres Lot 20, Woodland Acres Lot 21, 22, Woodland Acres No. of Front Feet Amount 85.0 $255.00 75.0 225.00 75.0 225.00 50.0 150.00 100.0 300.00 50.0 150.00 120.0 360.00 120.0 360.0o 158.0 474.00 158.0 474.0o 62.5 187.50 62.5 187.50 75.0 225.00 75.o 225.00 75.o 225.0o 117.5 352.50 75.o 225.0o 75.o 225.00 75.o 225.0o 75.o 225.00 75.0 225.00 92.5 277.50 300.0 900.00 150.0 450.00 300.0 900.00 01484 Name of Owner D. D. Carter T. D. Wilson A. G. Kemler H. E. Redmond R. E. Basye J. McNeal Jimmy D. Boswell Page Morgan Woodson Lumber Company Frank J. Konecny Raymond D. Staten Landon D. Wythe I. M. Atkins A. R. Burgess James C. Gilmore K. A. Manning Donald W. McLain Oleva L. & Donald D. McLain, Jr. Milton Donald Shult, Jr. A. B. Cathcart Roy C. Fanguy Cecil B. Ryan Robert Hostetler E. E. Ames Robert Dale Thompson Description Lot 23, Woodland Acres Lot 24, 25, 158' Woodland Acres Lot 136.5' of 1, Woodland Estates Lot 10' of 1, 2, Woodland Estates Lot 3, 4, 5, 6, Woodland Estates Lot 7, Woodland Estates Lot 10' of 58, 59 College Hills Woodlands Lot 60, College Lot 61, College Lot 62, College Lot 63, College Lot 64, College Lot 65, College Lot 66, College Lot 33, College Lot 34, College Lot 35, College Lot 36, College Lot 37, College Lot 38, College Lot 90' College Lot 41, College Lot 42, College Lot 43, College Hills Woodlands Lot 94.4' of 44, College Hills Woodlands of 26, Hills Hills Hills Hills Hills Hills Hills Hills Hills Hills Hills Hills Hills of 58 Hills Hills Hills Woodlands Woodlands Woodlands Woodlands Woodlands Woodlands Woodlands Woodlands Woodlands Woodlands Woodlands Woodlands Woodlands Woodlands Woodlands Woodlands No. of Front Feet Amount 150.0 $ 450.00 458.0 1,374.00 136.5 409.50 211.6 634.50 807.8 2,423.40 202.2 606.60 90.0 270.00 60.0 180.00 80.0 240.00 80.0 240.00 80.0 240.00 80.0 240.00 80.0 240.00 120.0 360.00 80.0 240.00 80.0 240.00 90.0 270.00 90.0 270.00 120.0 360.00 300.0 900.00 90.0 270.00 51.0 153.00 80.0 240.00 80.0 240.00 94.4 283.20 01485 Name of Owner Description No. of Front Feet A. F. Isbell Roy W. Hagler Melvin J. Stiefel J. C. Culpepper Betty Jean Moore Sholly Earl Cook Lot 5' of 44, 45, College Hills Woodlands 95.0 Lot 46, 35' of 47, College Hills Woodlands 115.0 Lot 45' of 47, 48 College Hills Woodlands 135.0 Lot 49, 50, 51, 14.5' of 52, College Hills Woodlands 284.5 Lot 65.5' of 52, 44' of 53, College Hills Woodlands 109.5 Lot 36' of 53, 54, College Hills Woodlands 206.0 Amount $255.00 345.00 405.00 853.50 328.50 618.00 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 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 proportionate sum. IV A hearing shall be given by and before the governing body of the City of College Station, Texas, on the 26th day of August, 1968, 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 mistake, 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 improvements, 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 anywise 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 assess- ments, 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 anywise 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 anywise interested or affected may subpoena witnesses and introduce evidence and have the right to appear and be heard. 01486 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 improve- ments and said assessments shall bear interest from date of such completion and acceptance until paid at the rate of eight per centum ($%) per annum, payable annually, provided, any owner shall have the right to pay the assess- ment 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. VI The improvements in each unit constitute an entirely separate district and independent unit, and the proposed assessment for the improvement in each unit is in no wise affected by any fact or circumstance in connection with any 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 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 property 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 anywise 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 is 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 not any other 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 be proceeded with at once and while the weather will permit, and such facts 01487 constitute and create an emergency and an urgent public necessity requiring 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. PASSED AND APPROVED this 22nd day of July, 1968. ATTEST: Assistant City APPROVED: Mayor 01.4%