HomeMy WebLinkAbout1961-0319 - Ordinance - 07/06/1961BOORUM & PEASE
BOORUM & PEASE
ORDINANCE NO. 319
THE STATE OF TEXAS $
COUNTY OF BRAZOS
On this the 6th day of July, 1961, the City Council of the City of
College Station, Texas, in the above mentioned county, convened in special
session in the regular meeting place in said city, all members thereof, to wit:
Ernest Langford, Mayor
J. A. Orr, Councilman
Carl Landiss, Councilman
D. A, Anderson, Councilman
Joe H. Sorrels, Councilman
A. P. Boyett, Councilman
A. L. Rosprim, Councilman
being present and passed the following ordinance:
AN ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR A PART OF THE COST OF
IMPROVING A PORTION OF FOSTER AVENUE, MOSS AVENUE, CHURCH AVENUE, THOMAS STREET
AND SUNDRY OTHER STREETS AND PLACES IN THE CITY OF COLLEGE STATION, TEXAS,
AND PROVIDING FOR THE COLLECTION OF SUCH ASSESSMENTS, AND FOR THE ISSUANCE OF
ASSIGNABLE CERTIFICATES IN EVIDENCE THEREOF, AND DECLARING AN EMERGENCY.
It was moved by Councilman Anderson, and seconded by Councilman Landiss,
that the following ordinance be passed and approved;
AN ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR A PART OF THE COST OF
IMPROVING A PORTION OF FOSTER AVENUE, MOSS AVENUE, CHURCH AVENUE, THOMAS STREET
AND SUNDRY OTHER STREETS AND PLACES IN THE CITY OF COLLEGE STATION, TEXAS,
AND PROVIDING FOR THE COLLECTION OF SUCH ASSESSMENTS, AND THE ISSUANCE OF
ASSIGNABLE CERTIFICATES 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 Foster Avenue described as follows: Commenc-
ing at the intersection of Walton Drive and Foster Avenue, thence in a South-
easterly direction along Foster Avenue until same intersects Moss Avenue; and
commencing at the intersection of Moss Avenue and Foster Avenue, thence in an
Easterly direction along Foster Avenue until same intersects Kyle Avenue;
All that certain portion of Moss Avenue from its intersection of State
Highway No. 6, thence in a Northeasterly direction along Moss Avenue until same
intersects Foster Avenue;
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All that certain portion of Church Avenue from its intersection of Tauber
Street, thence in a Northeasterly direction along Church Avenue until same
intersects Nagle Street;
All that certain portion of Thomas Street from its intersection of Dexter
Drive, thence in an Easterly direction along Thomas Street until same intersects
alley on the East boundary of Southeast College Park Addition.
After due advertisement for bids such bids were received, the contracts
awarded and entered into with the City of College Station, and thereafter the
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 therefore; to wit:
On the 6th day of July, 1961, 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 ratification were corrected and rectified and the City Council
finds, as herein ordained, that such hearing should be closed, said protests
desposed of andaassessments made and levied as below set forth, and the City
Council further finds that the total amount assessed as herein below 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 against such property; and further finds
that the apportionment of the cost herin 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 OF COLLEGE STATION, TEXAS:
All protests and objections, whether herein specifically mentioned or
not shall be and the same are hereby overruled, and the said hearing with re-
spect to teach and all of said units is hereby closed.
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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 specifically 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.
That there shall be and is hereby levied and assessed against each parcel
of property herein below 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 descriptions 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:
No. of
Name of Owner Description Front Feet Amount
Fred C. Seale Lot 1 Blk 3 College Hills Est. 80. $240.00
S.S. Floeck Lot 2 Bik 3 " " " 70. $210.00
Neelley B. Farquhar Lot 3 Blk 3 " " " 70. $210.00
Joseph R. Murillo Lot 4 Blk 3 " " " 70. $210.00
Richard M. Robinson Lot 5 Blk 3 " " " 70. $210.00
Mae Belle Smith Lot 6 Blk 3 " " " 70. $210.00
F. L. Thomas Lot 7 Blk 3 " " " 70. $210.00
Edwin Matula Lot 8 Bik 3 " " " 70. $210.00
S. E. Brown Lot 60' 9 Blk 3" " " 60. $180.00
S. L. Parker Lots 10° 9, 10
Blk 3 " " " 105. $315.00
Henry Kovar Lot 1 Blk 4 " " " 136.8 $410.40
C. E. Dillon Lot 18 Blk 4 " " " 145. $435.00
Harvey Oakes Lot 19 Bik 4 " " " 80. $240.00
W. I. Truettner Lots 20, i 21
Blk 4 " 1° " 105. $315.00
Charles F. Richardson Lots i of 21, 22
Blk 4 " " 105.
$315.00
Clifton S. Harris Lot 23 Bik 4 " " " 70. $210.00
Jay D. Jones Lot 24 Blk 4 " " " 70. $210.00
Brazos Varisco Lot 25 Blk 4 " " " 65. $195.00
Sally E. Wilson Lot 26 Blk 4 " " 65. $195.00
Charlotte Tompkins Lot 27 Blk 4 " " " 65. $195.00
J. H. Pruitt Lot 28 Blk 4 " " " 75. $225.00
Sidney O. Brown Lots 1, 2, Blk
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155. $465.00
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BOORUM & PEASE
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E. B. Patton
Russell K. Wieder
Edward Zalenski
James R. Dixon
D. A. Anderson
J. C. Culpepper
TrOy McElroy Estate
Jim Edge
Katherine Russell
E. M. White, Sr.
J. R. Jackson
Bluefford G. Hancock
George F. Sousares
David T. Killough
M/Sgt. M. E. McClain
Robert G. Cox
E. V. Walton
Jim S. Beaty
William J. Dobson
John W. Hill
Mrs. Beth B. Brady
Frederick Kasten L
William C. Hurley
M/Sgt. Silas L. Copel
Mildred Sism
Robert C. Hall
Russell James Kohel
Henry Kovar
J. G. H. Thompson
James R. Martin
Read Wipprecht
Beulah Ball
W. B. Thomas
Otis C. Whites
Jim Abate
Merrell E. Sutphen
S. E. Brown
Read Wipprecht
Miss Emilie O. Colson
Gause Builders Supply
Lot
Lot 4 Blk 9
Lot 5 Blk 9
Lot 6 Blk 9
Lot 7 Blk 9
Lot 8 Blk 9
Lot 9 Blk 9
Lot 10 Blk 9
Lot 11 Blk 9
Lot 12 Blk 9
Lot 1 Blk 10
Lots 16, 17,
18, Blk 10
Lots 19, 20,
Blk 10
Lot 21 Blk 10
Lot 22 Blk 10
Lot 23 Blk 10
Lot 24 Blk 10
Lot 55' of 25
Blk 10
Lots 5' of 25, 26
Blk 10
Lots 1, 10' 34
Blk 19
Lots 2, azid 3
Blk 19
Lot 4 Blk 19
Lots 5, 6
Blk 19
and Lots of 6, 7
Blk 19
Lots 8, 20' 9
Blk 19
Lots 35' of 9,
20' 11, Blk 19
Lot Pt. 34 Blk 19
Lots 11, 12 Blk 21
Lots 13, 14, Blk 21
Lot 15 Blk 21
Lot 6 Blk 22
Lot 7 Blk 22
Lot 60' 1 Blk 22
Lot 10' 1, 2
Blk. 22
Lot 3 Blk 22
Lot 4 Blk 22
Lot 5 Blk 22
Lot 6 Blk 22
Lot 16 Blk 21
Co.Lot 17 Blk 21
3 Blk 9 College Hills Est.
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65.
65.
65.
60.
60.
60.
60.
60.
60.
80.
140.
190.
120.
60.
60.
70.
60.
55.
55.
80.
140.
63.8
82.5
82.5
75.
110.
110.
170.
172.7
69.8
106.
106.
60.
60.
50.
60.
60.
70.
58.
58.
$195.00
$195.00
$195.00
$180.00
$180.00
$180.00
$180.00
$180.00
$180.00
$240.00
$420.00
$570.00
$ 360.00
$180.00
$180.00
$ 210.00
$180.00
$165.00
$165.00
$240.00
$420.00
$191.40
$247.50
$247.50
$ 225,00
$330.00
$330.00
$ 510.00
$518.00
$ 209.40
$318.00
$ 318.00
$180.00
$180.00
$150,00
$180.00
$180.00
$210.00
$174.00
$174.00
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�; R. C. Franks Lot 18 Bik 21 College Hills Est. 58. $174.00
.. Robert Metzer Lot 19 Blk 21 " " " 58. $174.00
Tom W. Goldstone Lot 20, 2" 21
Blk 21 " " " 60. $180.00
John H. Pruitt Lot 68' 21
Blk 21 " " " 68. $204.00
First Baptist Church Lot 1 Blk 1 Tauber 110. $330.00
Mrs. Zofie M. Nowlin Lot 12 Blk 1 " " " 142.25 $426.75
St. Mary's Catholic ChurchLots 1, 14 Bik 3" " " 213: $426.00
A & M Methodist Church Lots 4, i 3 " " "
Blk 5 " " " 212.25 $424.50
St. Mary's Catholic Church Lots 3, 4, Bik 6 " " 213. $639.00
Manning A. Price Lot 3 Blk 2 S. E. College Park 100. $300.00
Marion Pugh Lot 4 Blk 2 " It " 80. $240.00
R. Reeves Lot 5 Bik 2 " " " 142.5 $427.50
Haile D. Perry Lot 1 Blk 3 It " " 100. $300.00
Marion Pugh Lot 2 Blk 3 " " " 80. $240.00
Ray H. Putman Lot 3 Bik 3 " " " 80. $240.00
O.) William G. Breazeale Lot 4 Bik 3 " " " 90.3 $270.90
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Where more than one person, firm or corporation own an interest in any
property above described, each said person, firm or corporation shall be person-
ally liable only for its, his or her pro rata of the total assessment against
such property in.proportion of its, his or her respective interest bears to
the total ownership of such property, and its, his or her interest in such prop-
perty, may be released from the assessment lien upon payment of such propor-
tionate 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 im-
provements in one unit are in no wise related to or connected with the improve-
ments 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 any wise connected with the improvements or the assess-
ments 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 a 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
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state, county and municipal and school taxes, and the sums so assessed shall be
payable as follow, to wit;
O"' Said assessments shall be due and payable on or before thirty days after
65 dateof 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
0 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.
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.
5 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 i -n the enforcement thereof, assignable certificates 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 certificate shall be executed by the Mayor; in the name
CL of the City, attested by the City Secretary with the corporate seal, and shall
66 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,
0 and the description of the property by lot and block number, or front feet
thereof or such other description as may otherwise identify the same, and if
the said property shall be owned by an estate them 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 pro-
perty, 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.
The said certificates shall further provide substantially that if default
shall be made in payment of such assessments when due, then, at the option of
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said City of College Station, or its assigns, the whole of said assessments evi-
at dented thereby shall at once become due and payable, and shall be collectible
with reasonable attorney's fees and costs of collection, if incurred. And said
0 certificates shall set forth and evidence the personal liability of the owners
0 of such property and the lien upon such property and shall provide in effect
03 if default be made in the payment thereof, the same may be enforced either
by the sale of the property by the Tax Assessor and Collector of the City of
College Station, as above recited, or by suit in any court having jurisdiction,
BOORUM & PEASE
The said certificates shall further recite in effect that all proceedings
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 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 forthwith 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 particular 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
00746
K invalidity, or irregularity, whether in such assessment or in the certificate
in any other matter of thing, shall in any wise invalidate or impair any assess-
ment, levied hereby or any certificate issued, and any such mistake, error,
�.•. issued in evidence thereof, may be corrected at any time by the city.
IX.
BOORUM 8-z PEASE
All assessments levied are a personal liability and charge against the
real and true owners of the premises described not withstanding such owners
may not be named, or may be incorrectly named.
X.
The present condition of said streets and avenues endanger 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 constitute
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, add such rules are accordingly suspended and this
ordinance is passed as and shall take effect and be in force and effect im-
mediately from and after its passage.
PASSED AND APPROVED this the 6th day of July, 1961.
ATTEST:
f< 17 ;,rs`4 (11/
K. A. Manning, City Sec etary
Ernest Langfgrd, Mayor
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