HomeMy WebLinkAbout1964-0408 - Ordinance - 06/15/19640
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BOORUM 8( PEASE
ORDINANCE NO. 408
THE STATE OF TEXAS
COUNTY OF BRAZOS
On this the 15th day of June, 1964, 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:
Ernest Langford Mayor
A. P. Boyett Councilman
0. M. Holt Councilman
R. R. Rhodes Councilman
T. R. Holleman Councilman
A. L. Rosprim Councilman
K. A. Manning City Secretary
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 PARK PLACE 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 THERE-
OF, AND DECLARING AN EMERGENCY.
It was moved by Councilman Rhode, and seconded by Councilman Rosprim,
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 PARK PLACE 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 THERE-
OF, 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 the city be improved
by raising, grading and filling same, paving and installing drains, inlets
and storm sewers where provided in the plans, with necessary incidentals and
appurtenances, to wit:
All that certain portion of Park Place described as follows:
Commencing at the intersection of Park Place and Fairview Avenue thence in
a westerly direction along Park Place until same intersects FM 2154.
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
improvements, 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
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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 15th day of June, 1964, 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 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 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 established
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
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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 herein below mentioned and against the real and true owners there-
of, whether such owners be correctly named herein, or not, the sums of money
below mentioned and itemized and shown opposite the descriptions of the respec-
tive 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 Ft. Amount
g John Manthei
L. G. Jones
p Mrs. Francis Smyth
Monroe J. Goldberg
,, Francis Cox
LO W. L. Pipkin
2 E. N. Roots
E. W. Landua
LU Wayne Todd
GO Mrs. A. F. Buchanan
c( R. L. Parsons
LU Mrs. Lois Webb
Q
R. G. McMullan
orb C. F. Smith
T. W. Leland
W. F. Adams
R. R. Lyle
o E. R. Bulin
oW. R. Logan
Ran Boswell
Ward Const. Co.
L. G. Jones
Henry Jones
W. M. Sparks
Isaac Peters
Mrs. Ann Baker
J. T. Sanders
City of College
Station
Lots 1 & Pt. 2, Blk. 1 West
Lots Pt. 2 & 3, Blk. 1
Lot 4, Blk. 1
Lot 6, Blk. 1
Lot 7, Blk. 1
Lots 8 & Pt. 9, Blk. 1
Lots Pt. 9, Pt. 10, Blk.1
Lots Pt. 10 & 11, Blk. 1
Lot 13, Blk. 1
Lot 14, Blk. 1
Lot 15, Blk. 1
Lot 16, Blk. 1
Lot 17, Blk. 1
18, Blk. 1
19, Blk. 1
20, Blk. 1
10, Blk. 2
11, Blk. 2
11-B, Blk. 2
13, Blk. 3
20, Blk. 3
13, Blk. 4
20, Blk. 4
1, Blk. D
1-B, Blk. D
1, Blk. A
18, Blk. A
Lot
Lot
Lot
Lot
Lot
Lot
Lot
Lot
Lot
Lot
Lot
Lot
Lot
Lot
Blk. B
Park
11 IJ
8J
11
11
,.1
II
11
11
1,
College Park
11 I,
100.
65.
65.
57.5
50.
65.
80.
6705
68.5
55.
50.
89.3
50.
50.
50.
54.8
215.
100.
75.
150.
150.
225.
214.4
75.
100.
117.5
117.5
$ 75.00
48.75
48.75
43.12
37.50
48.75
60.00
50.62
51.38
41.25
37.50
66.98
37.50
37.50
37.50
41.10
161.50
75.00
56.25
112.50
112.50
168.75
160.80
56.25
75.00
88.13
88.13
250. 187.50
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.
00984,
C) That the assessments so levied are for the improvements in the particular
unit upon which the property described abuts, and the assessment for the
improvements 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 any wise connected with the improvements
or the assessments therefor in any other unit.
BOORUM & PEASE
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 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 pay-
ment 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
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parcels of abutting property and the owners thereof, and the time and term of
payment, and to aid in 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
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 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 any wise
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 said City of College Station, or its assigns, the whole of said assessments
evidenced 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 certificates shall set forth and evidence the personal
liability'of the owners of such property and the lien upon such property
and shall provide in effect 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.
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 aboveset
forth, but the substance and effect thereof shall suffice. .
CK)386
LLA
01 VII.
The assessments levied by this ordinance for the improvements in each
C_ unit are altogether separate and distinct from the assessments in each and
65 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
OC cost of the improvements in each unit, the benefits by means of improvements,
C) and all other matters and things with reference to improvements in each unit,
03 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.
Ll
BOORUM & PEASE
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 any wise invalidate
or impair any assessment, levied hereby or any certificate issued, and any
such mistake, error, invalidity, or irregularity, whether in such assessment
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 not withstanding such owners
may not be named, or may be incorrectly named.
.
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 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; 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 15th day of June, 1964.
ATTEST:
City Secretary /
APPROVED:
Mayor
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