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HomeMy WebLinkAbout1966-0469 - Ordinance - 06/10/1966ORDINANCE NO. 469 ORDINANCE DETERMINING TO ASSESS A PART OF THE COST OF IMPROVING PORTIONS OF MILNER DRIVE, GILCHRIST AVENUE, FOSTER AVENUE, LINCOLN AVENUE, PARK PLACE STREET, AND BOYETT STREET IN THE CITY OF COLTEGE 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 heretofore 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 certain portion of Milner Drive described as follows: Commencing at the intersection of Milner Drive and Walton Drive thence in a southeasterly direction along Milner Drive until same intersects Puryear Drive; and All that certain portion of Gilchrist Avenue described as follows: Commencing at the intersection of Gilchrist Avenue and James Parkway thence in a northeasterly direction along Gilchrist Avenue until same intersects Walton Drive; and All that certain portion of Foster Avenue described as follows: Commencing at the intersection of Foster Avenue and Walton Drive thence in a northwesterly direction along Foster Avenue until same intersects Lincoln Avenue; and All that certain portion of Lincoln Avenue described as follows: Commencing at the intersection of Lincoln Avenue and State Highway No. 6 thence in a northeasterly direction along Lincoln Avenue until same inter- sects Foster Avenue; and All that certain portion of Park Place Street described as follows: Commencing at the intersection of Park Place Street and Hereford Street thence in a northeasterly direction along Park Place Street until same intersects South Dexter Drive; and All that certain portion of Boyett Street described as follows: Commencing at the intersection of Boyett Street and FM Highway 60 thence in a northwesterly direction along Boyett Street until same intersects the north city limits. The improvements to Milner Drive, Gilchrist Avenue, Foster Avenue, Park Place Street, and Boyett 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 back to back of 27 feet, as provided in said plans and specifications; and The improvements to Lincoln Avenue 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 WHEREAS, the City of College Station has entered into a contract with Darco Construction Company of Bryan, Texas in the amount of $90,082.22 for the improvements of said Milner Drive, Gilchrist Avenue, Foster Avenue, Lincoln Avenue, Park Place Street, and Boyett Street, 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 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 Description No. of Front Feet Lloyd Barrow L. B. Moon Elder J. C. Collins Alma S. Paulson Bertrand Fields Amount Lot 1, Block 5 College Hills 166.8 $500.40 Lot 30, Block 5 College Hills 70. $210.00 Lot 29, Block 5 College Hills 75. $225.00 Lot 28, Block 5 College Hills 75. $225.00 Lots Pt. 26, 27, Block 5, College Hills 90. $270.00 01109 Name of Owner Description No. of Amount Front Feet Lela Jeffrey H. B. McElroy H. T. Holland, Jr. G. B. Smith Eldred E. Dayhoff T. E. Lasater Robert W. Seigert G. S. Coffin, Jr. Olive S. DeLucia Robert B. Barham R. H. Sherrod Neal P. Ward R. F. Good L. C. Westbrook E. S. Camp J. P. Hannigan Edith C. Diebel W. J. Coney Mrs. E. P. Short 0. R. Kunze H. E. Hampton Zula Holland L. Rogers C. H. Bates R. M. Marcotte L. G. Cobb Lots Pt. 25, Pt. 26, Block 5, College Hills 75. $225.00 Lots Pt. 24, Pt. 25, Block 5, College Hills 75. $225.00 Lots Pt. 23, Pt. 24, Block 5, College Hills 65. $195.00 Lot Pt. 23, Block 5 College Hills 70. $210.00 Lot 22, Block 5 College Hills 75. H225.00 Lot 21, Block 5 College Hills 75. $225.00 Lot 20, Block 5 College Hills 146.8 $440.40 Lot 8, Block 12 College Hills 188.6 $565.80 Lot 7, Block 12 College Hills 182. $546.00 Lot 5, Block 11 College Hills 200. $600.00 Lot 4, Block 11 College Hills 200. $600.00 Lot 1, Block 20 College Hills 129. $387.00 Lot 2, Block 20 College Hills 100. $300.00 Lot Pt. 3, Block 20 College Hills 94.5 $283.50 Lots Pt. 3, Pt. 4, Block 20, College Hills 70. $210.00 Lots Pt. 4, 5, Block 20, College Hills 76. $228.00 Lot 6, Block 20 College Hills 70. $210.00 Lot 4, Block 4 College Hills 183.4 $550.20 Lot 5, Block 4 College Hills 80. $240.00 Lot 6, Block 4 College Hills 70. $210.00 Lot 7, Block 4 College Hills 70. $210.00 Lot 8, Block 4 College Hills 70. $210.00 Lot 9, Block 4 College Hills 70. $210.00 Lots 10, 11, Block 4 College Hills 140. $420.00 Lot 12, Block 4 College Hills 70. $210.00 Lot 13, Block 4 College Hills 70. $210.00 01.11) Name of Owner Description No. of Front Feet Ara L. Rodgers (Smith) M. H. Goode Lola Thompson T. L. Bullard William H. Morley D. L. Killough C. K. Hancock J. B. Ellen, III R. E. Cain Harry Boyer James B. Martin Allen M. Linton, Jr. W. B. Howard A. T. Powell C. B. Ryan 0. D. Crill L. S. O'Bannon C. D. Hauser Allan B. Cassens Joe Motherall T. F. Foster Frank R. Morrison, Jr. J. E. Hewitt J. 0. Ordahl J. W. Simmons N. A. Ponthieux Charles LaMotte George H. Weissburg Amount Lot 14, Block 4 College Hills 70. $210.00 Lot 15, Block 4 College Hills 158.3 $474.90 Lot 4, Block 10 College Hills 143.4 $430.20 Lots 5, Pt. 6, Block 10, College Hills 100. $300.00 Lots Pt. 6, 7, Block 10, College Hills 80. $240.00 Lot 8, Block 10 College Hills 60. $180.00 Lot 9, Block 10 College Hills 60. $180.00 Lot 10, Block 10 College Hills 60. $180.00 Lot 11, Block 10 College Hills 60. $180.00 Lot 12, Block 10 College Hills 60. $180.00 Lot 13, Block 10 College Hills 60. $180.00 Lot 14, Block 10 College Hills 60. $180.00 Lot 15, Block 10 College Hills 80. $240.00 Lot 30, Block 19 College Hills 90. $270.00 Lot 29, Block 19 College Hills 55. $165.00 Lot 28, Block 19 College Hills 55. $165.00 Lots 24, 25, 26, 27, Block 19, College Hills 220. $660.00 Lot 23, Block 19 College Hills 55. $165.00 Lot 22, Block 19 College Hills 55. $165.00 Lot 21, Block 19 College Hills 54.6 $163.80 Lot 20, Block 19 College Hills 55. $165.00 Lot 19, Block 19 College Hills 90. $270.00 Lot 3, Block 15 College Hills 171. $513.00 Lot 4, Block 15 College Hills 70. $210.00 Lot 5, Block 15 College Hills 78. $234.00 Lot 6, Block 15 College Hills 80. $240:00 Lot 7, Block 15 College Hills 80. $240.00 Lot 8, Block 15 College Hills 80. SOMA, Name of Owner Description No. of Front Feet Amount Albert L. Smith Lot 9, Block 15 College Hills 75. $225.00 V. B. Clark Lot 10, Block 15 College Hills 75. $225.00 Samuel L. Lanford Lot 11, Block 15 College Hills 90. h270.00 W. W. Mills Lot 13, Block 16 College Hills 88. $264.00 R. J. Mikulec Lot 14, Block 16 College Hills 75. $225.00 R. E. Miller Lot 15, Block 16 College Hills 75. $225.00 M. D. Fox Lot 16, Block 16 College Hills 75. $225.00 W. A. Mixon Lot 17, Block 16 College Hills 75. $225.00 W. L. Gentry Lot 18, Block 16 College Hills 80. $240.00 R. A. Downward Lot 19, Block 16 College Hills 80. $240.00 M. E. Frantz Lot 20, Block 16 College Hills 80. $240.00 Roy W. Hann Lot 1, Block 16 College Hills 171. $513.00 B. W. McGough Lot 21, Block 2 College Hills 70. $210.00 Opal Myers Lot 20, Block 2 College Hills 70. $210.00 Area Progress Corp. Lot 19, Block 2 College Hills 70. $210.00 J. H. Gregory Lot 18, Block 2 College Hills 125. $375.00 W. B. Moon Lot 17, Block 2 College Hills 160. $480.00 R. C. Dansby Lots 1, 2, Block 1 College Hills 200. $600.00 J. F. & J. G. Sousares Lot Pt. 1 D. A. Smith 198. $594.00 A. P. Boyett & Lot Pt. 2 Mrs. G. K. Fitch D. A. Smith 198. $594.00 Socony Mobil Oil Company Lot Pt. 3, Block 1 College Hills 100. $200.00 John Bravenec Lot Pt. 3, Block 1 College Hills 102. $306.00 T. T. Walton Lot 4, Block 1 College Hills 92.5 $277.50 R. C. Dansby Lot 2, Block 1 College Hills 100. $300.00 Mrs. James Sullivan Lots Pt. 10, 11, 12, Block 22, College Park 125. $375.00 J. J. Woolket Lots 9, Pt. 10, Block 22, College Park 75. $225.00 01,112 Name of Owner W. G. Horsley C. A. Moore R. R. Lyle J. P. Abbott R. L. Elkins Mrs. C. B. Campbell & Miss Ethel Boulware Betty S. Gibson R. L. Rogers A. P. Boyett Ida L. Copeland W. B. Schulman A. P. Boyett Christian Science Society Norma S. Boyett Royce J. Jones Norma S. Boyett Jesse W. Boyett Dec'd By Gary Boyett Bardin H. Nelson A. P. Boyett Mrs. W. 0. Reed A. P. Boyett Guy Boyett Mrs. Annie Seeger Antone Krenek Anna Bess Boyett, Lynwood Boyett & Jack Boyett A & M Presbyterian Church Bardin H. Nelson Description No. of Front Feet Lots Pt. 7, 8, Block 22, College Park 75. Lots 6, Pt. 7, Block 22, College Park 90. Lot 13, Block 22 College Park 90. Lots 1, 2, Block 23 College Park 100. Lots 3, 4, Block 23 College Park 100. Lots 5, Pt. 6, Block 23, College Park Lots Pt. 6, 7, Block 23, College Park Lots 8, 9, 10, Block 23, College Park Lots 6, 7, Block 8 Boyett Lot 8, Block 8 Boyett Lots 9, 10' 10, Block 8, Boyett 40. Lots 15' 10, 11, Block 8, Boyett 40. Lots 5, 6, Block Boyett 100. Lot 4, Block 9 Boyett 50. Lots 21, 22, Block 12 Boyett 100. Lot 20, Block 12 Boyett 50. Lot 19, Block 12 Boyett 50. Lot 18, Block 12 Boyett 50. Lot 17, Block 12 Boyett 50. Lot 16, Block 12 Boyett Lots 12, 13, 14, Block 12, Boyett Lot Pt. 13, Block 7 Boyett Lot Pt. 13, Block 7 Boyett Lot Pt. 14, Boyett Lot Pt. 14, Boyett Lots 1, 2, 3, 4, 5, Block 6-7, Boyett Lots 1, 2, Block 20 Boyett 98. 52. 311.1 87. 35.8 9 15, Block 7 Block 7 6, 50. 200. 76.44 87.44 87.44 87.44 590.35 100. Amount $225.00 $270.00 270.00 $300.00 $300.00 094.00 $156.00 $933.30 $261.00 $107.40 $120.00 X120.00 $300.00 $150.00 $300.00 $150.00 $150.00 $150.00 $150.00 $150.00 $600.00 $229.32 $262.32 $262.32 $262.32 $1771.05 $300.00 01013 Name of Owner Description No. of Front Feet Dale Leipper Bardin H. Nelson A. G. Neelley A. P. Boyett, Jr. J. H. Gregory Elizabeth H. Boyett R. T. Price J. G. Potter A. W. Wortham A. P. Boyett Lamar M. Gunter A. P. Boyett A. P. Boyett A. P. Boyett, Jr. A. W. Wortham Brazos County Development Co., Inc. Lot 3, Block 20 Boyett Lot 4, Block 20 Boyett Lot 1, Block 19 Boyett Lot 1, Block 18 Boyett Lot 2, Block 18 Boyett Lot 3, Block 18 Boyett Lot 1, Block 17 Boyett Lots 29, 30, Block 14 Boyett Lots 24, 25, 26, 27, 28, Block 14, Boyett Lots 22, 23, Block 14 Boyett Lot 21, Block 14 Boyett Lot 20, Block 14 Boyett Lot 19, Block 14 Boyett Lot 18, Block 14 Boyett Lot 17, Block 14 Boyett Lot 5, Block 16 Boyett 50. 50. 125. 120. 70. 116. 150. 100. 250. 100. 50. 50. 50. 50. 100. 150. Amount $150.00 $150.00 $375.00 $360.00 $210.00 $348.00 $450.00 5300.00 $750.00 $300.00 $150.00 $150.00 $150.00 $150.00 $300.00 $450.00 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 propor- tionate sum. IV A hearing shall be given by and before the governing body of the City of College Station, Texas, on the 27th day of June, 1966, 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 0111» ('} 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 the making of said improvements or assessments therefor may be corrected and the benefits by means of said improve- ments, 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 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 tim9,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 oii1.s before the date of such hearing, and by such publication all owners of prop- erty 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 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 if 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 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 the 10th day of June, 1966. ATTEST: d,„ City Secretary APPROVED: f fe t Mayor 62,11.6