HomeMy WebLinkAbout1968-0586 - Ordinance - 08/26/1968ORDINANCE NO. 586
THE STATE OF 'TEXAS
COUNTY OF BRAZOS
On this 26th day of August, 1968, the City Council of the City of College
Station, Texas, in the above mentioned county, convened in regular session in
the regular meeting place in said city, and a quorum thereof, to wit:
D. A. Anderson Mayor and
Dan Davis Councilman Don Dillon City Attorney
Bill Cooley Councilman
James H. Dozier Councilman
T. R. Holleman Councilman
O. M. Holt Councilman
Robert Rhodes Councilman
Ran Boswell City Manager
being present and passed the following ordinance:
AN ORDINANCE CLOSING HEARING AND TRVYING ASSESSMENTS FOR A PART OF THE COST
OF IMPROVING PORTIONS OF HIGHLANDS STREET, MONTCLAIR AVENUE, AYRSHIRE STREET,
BELL STREET, NIMITZ STREET, MUNSON AVENUE AND MARS1'ELTFR AVENUE IN THE CITY
OF COLT,FGE STATION, TEXAS, AND PROVIDING FOR THE COLLECTION OF SUCH ASSESS-
MENTS AND FOR THE ISSUANCE OF ASSIGNABTF CERTIFICATES IN EVIDENCE THEREOF,
AND DECLARING AN EMERGENCY.
It was moved by Councilman Rhodes and seconded by Councilman Holt
that the following ordinance be passed and approved.
AN ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR A PART OF THE COST
OF IMPROVING PORTIONS OF HIGHLAND STREET, MONTCLAIR AVENUE, AYRSHIRE STREET,
BELL STREET, NIMITZ STREET, MUNSON AVENUE AND MARSTELLER AVENUE IN THE CITY
OF COLLEGE STATION, TEXAS, AND PROVIDING FOR THE COLLECTION OF SUCH ASSESS-
MENTS AND FOR THE ISSUANCE OF ASSIGNABLE CERTIFICA'T.ES IN EVIDENCE THEREOF,
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 the city be
improved by raising, grading and filling same, installing concrete curbs and
gutters, and by paving and by installing drains, inlets, storm sewers, where
provided in the plans, with necessary incidentals and appurtenances, to wit:
All that certain portion of Highlands Street described as follows:
Commencing at the intersection of Highlands Street and Jersey Street thence
in a southeasterly direction along Highlands Street until same intersects
Luther Street; and
All that certain portion of Montclair Avenue described as follows:
Commencing at the intersection of Montclair Avenue and Jersey Street thence
in a southeasterly direction along Montclair Avenue until same intersects
Luther Street; and
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
northeasterly 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 southeasterly 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
V All that certain portion of Marsteller Avenue described as follows:
w Commencing at the intersection of Marsteller Avenue and Woodland Parkway
OD thence in a southeasterly direction along Marsteller Avenue until same
Q intersects Gilchrist Avenue; and
(,!j All that certain portion of Marsteller Avenue described as follows:
dS Commencing at the intersection of Marsteller Avenue and Francis Drive thence
in a southeasterly direction along Marsteller Avenue until same intersects
the creek.
OC
0 After due advertisement for bids such bids were received, the contract
0awarded and entered into with the City of College Station, and thereafter the
00 City Engineer filed rolls or statements showing estimated cost of the improve-
ments, the amounts to be assessed, and showing other matters and things, and
time and place was fixed for hearing to the owners of property abutting upon
said portions of streets and to all others interested therein, and to the
owners of said abutting property, and due and proper notice of the time and
place and purpose of such hearing was given, and said hearing held at the
time and place fixed therefor; to wit:
On the 26th day of August, 1968, in the regular meeting place of the
City of College Station, Texas, at 7:00 P.M., and
WHEREAS, evidence was introduced and all parties presenting themselves,
either in person or by agent or attorney to be heard, were fully and fairly
heard, whether such parties be herein expressly mentioned or not, and all
errors heard and all errors and irregularities and all other matters
requiring correction or rectification were corrected and rectified and the
City Council finds, as herein ordained, that such hearing should be closed,
said protests disposed of and assessments made and levied as below set
forth, and the City Council further finds that the total amount assessed
as hereinbelow shown against the respective parcels of abutting property
and the owners thereof is just and proper and does not exceed the amount
provided to be assessed by the law and charter provisions in force in the
City, and by proceedings of the City with reference to such improvements;
and the City Council further finds from the evidence that any assessment
herein provided will in each and every case specifically benefit and enhance
the value of the property assessed by means of such improvements in the unit
for which the assessment is levied in a sum in excess of the sums assessed
W against such property; and further finds that the apportionmata cost
01
herein made established substantial justice and equality, considering
benefits received and burdens imposed, and
WHEREAS, the present condition of the herein mentioned streets and
places endangers public health and safety, and it is necessary that the
improvements thereof be proceeded with while the weather will permit, and
such improvements will be delayed pending the taking effect of this
ordinance, and such facts constitute and create an emergency;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
COLLEGE STATION, TEXAS:
I
All protests and objections, whether herein specifically mentioned or
not shall be and the same are hereby overruled, and the said hearing with
respect to each and all of said units is hereby closed.
II
The City Council finds that from the evidence that the assessments
herein levied shall be made and levied against the respective parcels of
property abutting upon the said portions of streets and avenues and
against the owners of said property, and that such assessments are right
and proper and establish substantial justice and equality and uniformity
between the respective owners and respective properties and between all
parties concerned, considering benefits received and burdens imposed, and
further finds that in each case the abutting property assessed is specifi-
cally benefited in the enhanced value thereof by means of the improvement
in the unit upon which the particular property abuts and for which the
assessment is levied, in a sum in excess of the assessment levied against
same by this ordinance and further finds that the apportionment of the cost
of this improvement is in accordance with the law and charter in force in the
city, and is in accordance with the proceedings heretofore taken and had
with reference to such improvements and is in all respects valid and regular.
III
That there shall be and is hereby levied and assessed against each
parcel of property hereinbelow mentioned and against the real and true
owners thereof, whether such owners be correctly named herein, or not, the
sums of money below mentioned and itemized and shown opposite the descrip-
tions of the respective parcels of property; the description of such property,
the several amounts assessed against same, and the owners thereof, being as
follows, to wit:
Name of Owner Description No. of Amount
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
145.0
135.7
68.0
$435.00
407.10
204.00
01493
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. Valerius
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' of 8,
Block 2, West Park
Lot 35' of 8, 33' of
Block 2, West Park
Lot 21' of 9, 10,
Block 2, West Park
Lot 1, 1/2 of 2,
Block C, West Park
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
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
9,
9,
9,
No. of
Front Feet
Amount
142.0 5426.00
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
01494
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 Hale
Lola Thompson
Mrs. C. D. Trail
Description
Lot 1/2 of 19, 20
Block 8, West Park
Lot 21, 22,
Block 8, West Park
Lot 24, Block 8,
West Park
Lot 16, Block 5,
West Park
Lot 1, Block 8,
West Park
Lot 14, Block 8,
West Park
Lot 25, Block 8,
West Park
Lot 26, Block 8,
West Park
Lot 27, Block 8,
West Park
Lot 9, Block 5,
West Park
Lot 1, Block 5,
West Park
Lot 17, Block 2,
West Park
Lot 16, Block 2,
West Park
Lot 15, Block 2,
West Park
Lot 14, Block 2,
West Park
Lot 13, Block 2,
West Park
Lot 12, Block 2,
West Park
Lot 11, Block 2,
West Park
Lot 1, 2, & 3,
Block D, West Park
Lot 4, Block D,
West Park
Lot 1, Block 1,
College Park
Lot 1/2 of 14, 15,
Block 1, College Park
Lot 13, 1/2 of 14,
Block 1, College Park
Lot 12, Block 1,
College Park
Lot 11, Block 1,
College Park
No. of
Front Feet
Amount
75.0 $225.00
100.0 300.00
150.0 450.00
150.0 450.00
100.0 300.00
78.6 235.80
80.0 240.00
321.0 963.00
80.0 240.00
150.0 450.00
145.0 435.00
55.0 165.00
70.0 210.00
70.0 210.00
70.0 210.00
70.0 210.00
70.0 210.00
80.0 240.00
220.0 660.00
70.0 210.00
120.0 360.00
65.0 195.00
75.0 225.00
50.0 150.00
50.0 150.00
01,495
Name of Owner
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.
Description
No. of
Front Feet
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, Block 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
140.00 420.00
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
01196
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
120.0 360.00
158.0 474.00
158.0 474.00
62.5 187.50
62.5 187.50
75.0 225.00
75.0 225.00
75.0 225.00
117.5 352.50
75.0 225.00
75.0 225.00
75.0 225.00
75.0 225.00
75.0 225.00
92.5 277.50
300.0 900.00
150.0 450.00
300.0 900.00
0 L1 -I r7
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 Shu_lt, Jr.
A. B. Cathcart
Roy C. Fanguy
Cecil B. Ryan
Robert Hostetler
E. E. Ames
Robert Dale Thompson
A. F. Isbell
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 Hills
Lot 65,
College Hills
Lot 66,
College Hills
Lot 33,
College Hills
Lot 34,
College Hills
Lot 35,
College Hills
Lot 36,
College Hills
Lot 37,
College Hills
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
Lot 5' of 44, 45,
College Hills Woodlands
of 26,
Hills Woodlands
Hills Woodlands
Hills
Hills
Woodlands
Woodlands
Hills
of 58,
Hills Woodlands
Woodlands
Woodlands
Woodlands
Woodlands
Woodlands
Woodlands
Woodlands
Woodlands
Woodlands
Hills Woodlands
Hills Woodlands
No. of
Front Feet
.Amount
150.0 $ 450.00
458.0 1,374.00
136.5 409.50
211.6 634.80
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
300.00 900.00
90.0 270.00
51.0 153.00
80.0 240.00
80.0 240.00
94.4 283.20
95.0 285.00
Name of Owner Description No. of
Front Feet
Roy W. Hagler
Melvin J. Stiefel
J. C. Culpepper
Betty Jean Moore Sholly
Earl Cook
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
$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 said person, firm or corporation shall be
personally liable 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 interest
in such property may be released from the assessment lien upon payment of
such proportionate sum.
That the assessments so levied are for the improvements in the particular
unit upon which the property described abuts, and the assessment for the improve-
ments in one unit are in no wise related to or connected with the improvements
in any other unit, and in making assessments and in holding said hearing the
amounts so assessed for improvements in one unit have been in no wise affected
by any fact in anywise connected with the improvements or the assessments
therefor in any other unit.
The total amount assessed against each parcel of property is the amount
indicated in the appropriate column, such amounts being itemized under other
columns.
IV
That the several sums above mentioned against said parcels of property
and against the real and true owners thereof, and interest thereon at the
rate of eight per cent (8%) per annum, together with reasonable attorney's
fees and costs of collection, if incurred, are hereby declared to be and
made a lien upon the respective parcels of property against which the
same are assessed, and a personal liability and charge against the real and
true owners thereof, whether or not such owners be correctly named herein,
and such liens shall be and constitute the first enforceable claim against
the property assessed and shall be a first and paramount lien, superior to
all other liens and claims, except state, county and municipal and school
taxes, and the sums so assessed shall be payable as follows, to wit:
Said assessments shall be due and payable on or before thirty days
after date of completion and acceptance of the improvements and shall bear
interest from date of such completion and acceptance until paid at the
rate of eight per cent (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
01499
same matures the entire assessment shall be collectible together with
reasonable attorney fees and cost of collection if incurred.
V
The City of College Station shall not in any manner be liable for the
payment of any sums hereby assessed against any property and the owners
thereof, but the City of College Station shall look solely to said property
and the owners thereof, for payment of the sums assessed against the respective
parcels of property; but said city shall exercise all of its lawful powers to
aid in the enforcement and collection of said liens and assessments, and if
default shall be made in the payment of any assessments, collection thereof
shall be enforced either by sale of the property by the Tax Collector and
Assessor of the City of College Station as near as possible in the manner
provided for the sale of property for the non-payment of ad valorem taxes,
or, at the option of the City of College Station, or its assigns, payment of
said sums shall be enforced by suit in any court having jurisdiction.
VI
For the purpose of evidencing the several sums assessed against the
said parcels of abutting property and the owners thereof, and the time and
term of payment, and to aid in the enforcement thereof, assignable certifi-
cates shall be issued by the City of College Station upon the completion
and acceptance of the work in each unit of improvement as the work in such
unit is completed and accepted, which certificates shall be executed by
the Mayor, in the name of the City, attested by the City Secretary with
the corporate seal, and shall be payable to the City of College Station,
or its assigns, and shall declare the said amounts and time and term of
payment and rate of interest and date of completion and acceptance of the
improvements for which the certificates are issued, and shall contain the
® name of the owner as accurately as possible, and the description of the
property by lot and block number, or front feet thereof or such other
R description as may otherwise identify the same, and if the said property
shall be owned by an estate then the description thereof as so owned shall
be sufficient or if the name of the owner be unknown, then to so state
shall be sufficient, and no error, or mistake in describing said property,
or in giving the name of any owners, shall in anywise invalidate or impair
* the assessment levied hereby or the certificate issued in evidence thereof.
W01 The said certificates shall further provide substantially that if
default shall be made in payment of such assessments when due, then, at the
115
option of said City of College Station, or its assigns, the whole of said
0_ assessment evidenced thereby shall at once become due and payable, and shall
45 be collectible with reasonable attorney's fees and costs of collection, if
2 incurred. And said certificates shall set forth and evidence the personal
liability of the owners of such property and the lien upon such property
C1' and shall provide in effect if default be made in the payment thereof, the
O same may be enforced either by sale of the property by the Tax Assessor and
mCollector of the City of College Station, as above recited, or by suit in
any court having jurisdiction.
The said certificates shall further recite in effect that all proceed-
ings with reference to making said improvements have been regularly had in
compliance with the law and charter in force and proceedings of.the City of
01500
College Station, and that all pre -requisites to the fixing of the lien and
claim of personal liability evidenced by such certificates have been regularly
done and performed, which recitals shall be evidence of the matters and facts
so recited, and no further proof thereof shall be required in any court.
Said certificates may further provide substantially that the amounts
payable thereunder may be paid to the Collector of Taxes of the City, who
shall issue his receipt therefor, which receipt shall be evidence of such
payment upon any demand for the same, either by virtue of said certificate
of any contract to pay the same entered into by the property owner, and
that the Collector of Taxes will deposit all sums so received by him forth-
with with the City Treasurer and upon payment of certificate when due with
interest thereon the City shall surrender the certificate and the City
Treasurer shall pay the amount so collected to the legal owner and holder of
said certificate. And the said certificates shall further provide in power,
when requested so to do, by the holder of said certificate, to aid in the
enforcement and collection thereof, and said certificates may contain other
and further recitals pertinent or appropriate thereto. It shall not be
necessary that said certificates shall be in the exact form as above set
forth, but the substance and effect thereof shall suffice.
VII
The assessments levied by this ordinance for the improvements in each
unit are altogether separate and distinct from the assessments in each and
every other unit. The assessments for improvements in one unit are in
no wise affected by the improvements in, or the assessments levied for the
improvements in any other unit, and in making and levying assessments, the
cost of the improvements in each unit, the benefits by means of improvements,
and all other matters and things with reference to improvements in each unit,
have been considered and determined altogether without reference to any such
matters in any other unit, and the omission of the improvements in any unit
shall in no wise affect, or impair the validity of assessments for the
improvements in any other unit. The omission of improvements in any parti-
cular unit in front of property exempt from the lien of such assessments
shall in no wise affect or impair the validity of assessments against
other property in that unit.
VIII
No mistake, error, invalidity, or irregularity in the name of any
property owner, or the description of any property, or the amount of any
assessment, or in any other matter or thing, shall in anywise invalidate
or impair any assessment, levied hereby or any certificate issued, and any
such mistake, error, invalidity, or irregularity, whether in such assess-
ment or in the certificate issued in evidence thereof, may be corrected at
any time by the City.
IX
All assessments levied are a personal liability and charge against
the real and true owners of the premises described notwithstanding such
owners may not be named, or may be incorrectly named.
01501
X
The present condition of said streets and avenues endangers health and
safety and it is necessary that said improvements be proceeded with while
the weather will permit, and the construction of said improvements is being
delayed pending the taking effect of this ordinance, and such facts consti-
tute and create an emergency and an urgent public necessity requiring the
rules providing for ordinances to be read more than one time or at more
than one meeting be suspended, and that this ordinance be passed as and
take effect as an emergency measure, and such rules are accordingly suspended
and this ordinance is passed as and shall take effect and be in force and
effect immediately from and after its passage.
PASSED AND APPROVED this the 26th day of August, 1968.
APPROVED:
ATTEST:
City Secretar
Mayor
01502