HomeMy WebLinkAbout1964-0403 - Ordinance - 05/25/1964} ORDINANCE NO. 403
AN ORDINANCE DETERMINING TO ASSESS A PART OF THE COST OF IMPROVING PORTIONS
UJ OF BOLTON AVENUE, MUNSON AVENUE, PARK PLACE, CAUDILL STREET AND FRANCIS DRIVE
01
IN THE CITY OF COLLEGE STATION, TEXAS, AGAINST ABUTTING PROPERTY AND THE
Ls! OWNERS THEREOF, ADOPTING ENGINEERQS ROLLS, PROVIDING FOR NOTICE OF HEARING,
AND DECLARING AN EMERGENCY.
ot3
`; 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
0 gutters and by paving and by installing drains, inlets and storm sewers,
l 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 Bolton Avenue described as follows:
Commencing at the intersection of Bolton Avenue and Milner Drive thence in an
easterly direction along Bolton Avenue until same intersects Puryear Drive.
All that certain portion of Munson Avenue described as follows:
Commencing at the intersection of Munson Avenue and Francis Drive thence in
a southeasterly direction along Munson Avenue until same intersects Gilchrist
Avenue.
All that certain portion of Park Place described as follows:
Commencing at the intersection of Park. Place and Hereford Street thence in a
westerly direction along Park Place until same intersects Fairview Avenue.
All that certain portion of Caudill Street described as follows:
Commencing at the intersection of Caudill Street and Winding Road thence in
a southeasterly direction along Caudill Street until same intersects the
South Knoll.,
All that certain portion of Francis Drive described as follows:
Commencing at the intersection of Francis Drive and Highway 6 thence in an
easterly direction along Francis Drive until same intersects Munson Avenue.
The improvements to Bolton Avenue, Munson Avenue, Park Place and Caudill
Street shall consist of a six (6) inch compact depth limestone base with a
one (1) inch asphalt plant mix with concrete curbs to a width, measured from
Lr.1
back to back of 28 feet, as provided in said plans and specifications; and
cS The improvements to Francis Drive shall consist of a six (6) inch compact
depth limestone 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
0
0 WHEREAS, the City of College Station has entered into a contract with
CO B W Construction Company "
for the improvements of said Bolton Avenue, Munson Avenue, Park Place,
Caudill Street and Francis Drive, 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 499, 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
Federal Housing Adm.
0. G. Merkle
R. L. Sims
Ball Lumber Co.
F. R. Morrison, Jr.
M. L. Antony
Arthur Mervish
R. B. Barham
L. R. Warlick
M. C. Futrell
•J, G. Otts
J. M. Harris
No. of
Description Front Ft. Amount
Lot -7, Blk. 12, College
Lot Pt. 6, Blk. 12,
Lot 5, Pt. 6, Blk. 12,
Lot 4, Blk. 12,
Lot Pt. 2 & 3, Blk. 12,
Lot Pt. 2, Blk. 12,
Lot 1, Blk. 12,
Lot 5, Blk. 11,
Lot 6, Blk. 11,
Lot 7, Blk. 11,
Lot 8, Blk. 11,
Lot 9, Blk. 11,
tt
11
tt
tt
11
11
It
n
11
it
tt
Hills 90.
tt
It
n
tt
It
tt
n
11
6o.
85.
75.
92.
58.
25.
90.
90.'
.85. .
85.
140,
00962:
$270.00
180.00
255.00
225.00
276.00
174.00
75.00
270.00
270.00
255.00
255.00
420.00
Name of Owner Description
Mrs. B. W. McGough
S. L. Parker
C. R. Bordelon
T. W. Bishop
C. L. Butler
M. H. Goode
K. N. Jackson
R. M. Wingren
S. E. Brown
W. I. Chenault
Patricia Boney Smyth
B. M. Stevenson
Alma S. Paulson
R.
S.
A.
M.
G.
D.
B.
L.
T.
M.
L.
D.
S.
J.
Whiting
Folk
Smith
Smith
Hallmark
Johnson
Zwolinski
City of College Station
S. 0. Brown
J. R. Jackson
J. F. Sousares
Lola Thompson
G. S. Coffin, Jr.
R. T. Price
F. F. Bishop
F. E.
W. A.
J. R.
Ekfelt
Dow
Brazzel
J. S. Cooper
C. A. Greer
J. E. Pearson
Dr. 0. C. Cooper
A & M Consolidated Sch.
Robert Holcomb
W. J. Dodson
M. J. Stiefel
J. C. Culpepper
W. R. Miller
P. D. Weiner
R. A. Eads
D. W. Andres
Lot
Lot
Lot
Lot
Lot
Lot
Lot
Lot
Lot
Lot
Lot
11, Blk.
10, Blk.
18, Blk.
17, Bik.
16, Blk.
15, Blk.
20, Blk.
19, Blk.
18, Blk.
17, Blk.
s 19, 20,
3,
3
4,
4,
4,
4,
5,
5,
5,
5,
21, 22,
Blk. 6,
Lots Pt. 20, 21,
Blk. 7,
Lots 19, Pt. 20,
Blk.7,
Lot 11, Blk. 8,
Lot Pt. 1
Lot Pt. 1
Lot Pt. 1
Lot 17
Lot Pt. 18
Lot Pt. 18
Lot 20, Blk. 9,
Lot 1, Blk. 9,
Lot 1, Blk. 10,
Lot 2, Blk. 10,
Lots 3, 4, Blk. 10,
Lot 8, Blk. 12,
Lot 9, Blk. 12,
Lots 10, Pt. 11,
Blk. 12,
Lot Pt. 11, Blk. 12,
Lot 12, Blk. 12,
Lots 13, Pt. 14,
Blk. 12,
Lot Pt. 14, Blk. 12,
Lot 9, Blk. 13,
Lot 1, Blk. 13,
Lot 12, Blk. 8,
Lot 16
Lot 17
Lot 48
Lots 83, 49
Lot Pt. 8
Lot 9
Lot 10
Lot 11
College
IIills
Woodland Acres
11
II
11
11
C.
11
11
II
II
I I
H.
II
II
I I
11
II
II
II
Hills
11
Woodlands
11
11
11
No. of
Front Ft. Amount
Woodland Estates
I1 11
220.
190.
80.
80.
80.
75.
80.
80.
75.
70.
$ 660.00
570.00
240.00
240.00
240.00
225.00
240.00
240.00
225.00
210.00
335. 1,005.00
85.
180.
370.
201.7
343.7
175.
363.2
132.8
235.4
205.
195.
90.
70.
155.
100.
93.
100.
93.
80.
99.
131.
115.
250.
370.
340.
368.4
215.
215.
430.
204.4
207.5
230.4
212.2
255.00
540.00
1,110.00
605.10
1,031.10
525.00
1,089.60
398.40
706.20
615.00
585.00
270.00
210.00
465.00
300.00
279.00
300.00
279.00
240.00
297.00
393.00
345.00
750.00
1,110.00
1,020.00
1,105.20
645.00
645.00
1,290.00
613.20
622.50
691.20
636.60
Name of Owner
B. B. Crisp
Robert Boyce
J. M. Skrivanek
Charles Pinnell
0. D. Sittler
J. W. Upham
T. 0. Walton
J. C. Culpepper
L. E. Stark
B. D. Deacon
J. C. R. Forehand
W. J. McGuire
R. 0. Reid
M. E. Sutphen
T. R. Jones
P. W. Barker
B. M. McGee
J. D. Gray
N. B. Farquhar
L. H. Wilkes
Kenneth Wolf
C. F. Williams
I. H. Lloyd
0. L. Baugh
M. I. Bell
L. J. Martin
S. R. Wright
L. L. Palmer
J. B. Storey
F. A. Hopson
Description
Lot Pt. 12 Woodland Estates
Lot Pt. 12 " "
Lot Pt. 13 It 11
Lot Pt. 13 " "
Lot 14 " "
Lot 15 " "
Lot 16 " "
Lots Pt. 81, 82, 83 C.H. Woodlands
Lots Pt. 80, Pt. 81 " It
Lots 78, Pt. 76 It "
Lot Pt. 76 1' "
Lot 75 " "
Lots 73, 74 " "
Lot 72 It ti
Lot 71 " It
Lot 70 " "
Lot 69 " It
Lot 68 11 "
Lot 67 " "
Lot 1, Blk. C, College Park
Lot 19, Blk. C, " "
Lot 1, Blk. E, " "
Lot 5, Blk, 19, " It
Lot 5, Blk. D, " "
Lot 6, Blk. D, it n
Lot 5, Blk. F, " "
Lot 6, Blk. 19, It "
Lot 2 of 6, Blk. 10, Knoll
Lot 2, Blk. 7, "
Lot 1, Blk. 7, "
No, of
Front Ft. Amount
160.2 480.60
52.7 158.10
160.5 481.50
53,2 159.60
208.3 624.90
194.5 583.50
219.6 658.80
226. 678.00
56. 165.00
350. 1,050.00
80. 240.00
80. 240.00
160. 450.00
130. 390.00
80. 240.00
80. 240.00
93. 279,00
97. 291.00
100. 300.00
117.5 352.50
117.5 352.50
125. 375.00
140. 420.00
117.5 352.50
117.5 352,50
125. 375.00
140. 420.00
200.6 601.80
125. 375.00
168.1 504.30
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 tb
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 15th day of June, 1964, 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
00964
LLi
*�5
CC:
()
0
Qr3
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 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.
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 sep-
arate proceedings 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 ofCollege
Station, Texas, the first of which publication shall be made at least ten
00965
yone 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
61 and effect from and after its passage.
PASSED AND APPROVED this the 25th day of May, 1964.
0 APPROVED:
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 any wise interested there-
in 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 any wise 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
constitute and create an emergency and an urgent public necessity requiring
that the rules and provisions providing for ordinances to be read more than
ATTEST:
I 'y 'f
City Secretary
Mayor
00966