HomeMy WebLinkAbout1973-0890 - Ordinance - 08/27/1973THE STATE OF TEXAS
ORDINANCE NO. 890
X
COUNTY OF BRAZOS X
On this 27th day of August, 1973, 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 therof, to wit:
J. B. Hervey., Mayor
Don R. Dale, Councilman
J. D. Lindsay, Councilman
C. A. Bonnen, Councilman
Fred R. Brison, Councilman
Homer B. Adams, Councilman
being present and passed the following ordinance:
AN ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR A
PART OF THE COST OF IMPROVING PORTIONS OF BROOKS AVENUE, BOLTON
AVENUE, JANE STREET, AND LUTHER STREET, IN THE CITY OF COLLEGE
STATION, TEXAS; AND PROVIDING FOR THE COLLECTION OF SUCH ASSESS-
MENTS AND FOR THE ISSUANCE OF ASSIGNABLE CERTIFICATES IN EVIDENCE,
THEREOF, AND DECLARING AN EMERGENCY.
It was moved by Councilman Dale, and seconded by
Councilman Bonnen, 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 BROOKS AVENUE,
BOLTON AVENUE, JANE STREET, AND LUTHER STREET, IN THE CITY OF
COLLEGE STATION, TEXAS; AND PROVIDING FOR THE COLLECTION OF
SUCH ASSESSMENTS AND FOR THE ISSUANCE OF ASSIGNABLE CERTIFICATES
IN EVIDNECE THEROF; AND DECLARING AN EMERGENCY.
WHEREAS, the City Council of the City of College
Station, Texas, has heretofore ordered that the following portions
of said 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 appurte-
nances to wit:
All that certain portion of Brooks Avenue described
as follows:
Commencing at the intersection of Brooks Avenue and
James Parkway, thence in a northeasterly direction along Brooks
Avenue until same intersects Walton Drive.
Ordinance No. 890 Page 2
as follows: All that certain portion of Bolton Avenue described
Commencing at the intersection of Bolton Avenue and
James Parkway, thence in a northeasterly direction along Bolton
Avenue until same intersects Walton Drive.
All that certain portion of Luther Street described
as follows:
Commencing at the intersection of Luther Street and
Farm to Market Road 2154 (Old Wellborn Road), thence in a
southwesterly direction along Luther Street, six hundred and
fourteen and fifty-nine one -hundredths feet.
All that certain portion of Jane Street described
as follows:
Commencing at the intersection of Jane Street and
University Drive, thence in a northwesterly direction along
Jane Street until the same intersects Cooner Street.
After due advertisement for bids, such bids were
received, the contract awarded and entered into with the City
of College Station, and thereafter the City Engineer filed
rolls or statements showing estimated cost of 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 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 27th day of August, 1973, 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 parcel 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 ref-
erence to such improvements; and the City Council further finds
that 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 improve-
ments 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
Ordinance No. 890 Page 3
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 speci-
fically mentioned or not shall be and the same are hereby over-
ruled, 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 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 abut-
ting 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 assess-
ment 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 these improvements is in accor-
dance 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 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 itemzied and shown opposite the descriptions
of the respective parcel 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
V. Y. Merrell
Kyle Pearson
No. of
Description Front Feet Amount
Lot 8, Block 2 100 $ 400.00
Cooner
Lot 7, Block 2 100 400.00
Cooner
Ordinance No. 890
Page 4
Name of Owner
Bank of A&M
Bank of A&M
J. Garland Brown
J. Garland Brown
J. Garland Brown
J. Garland Brown
Hoyett Taylor, Jr.
P. M. Andrews
McNeil Fick
McNeil Fick
McNeil Fick
Mike Renghofer
Mike Renghofer
Mike Renghofer
David R. Mayo
George McCullough
Estate
George Sousares
H. E. Burgess
James Teer
Sadie Hatfield
Sadie Hatfield
Sadie Hatfield
Sadie Hatfield
Sadie Hatfield
Sadie Hatfield
Sadie Hatfield
No. of
Description
Front Feet
Tract
60.89
Richard Carter
Tract
129.80
Richard Carter
Tract
143.78
Richard Carter
Lot 9, Block A
50
College Heights
Lot 10, Block A
50
College Heights
Lot 11, Block A
50
College Heights
Lot 8A, Block A
60
College Heights
Lot 8, Block A
50
College Heights
Tract
70
Richard Carter
Lot 12, Block A
80
College Heights
Lot 30' of 13, Block
A 30
College Heights
Tract
129
Richard Carter
Lot 50' of 13, Block
A 50
College Heights
Lot 14, Block A
109
College Heights
Tract
150
J. E. Scott
Tract
489.5
J. E. Scott
Tract
200
J. E. Scott
Tract
133.2
J. E. Scott
Lot 3, Block 14
162.39
College Hills Est
III
Lot 4, Block 14
100
College Hills Est
III
Lot 5, Block 14
80
College Hills Est
III
Lot 6, Block 14
75
College Hills Est
III
Lot 7, Block 14
75
College Hills Est
III
Lot 8, Block 14
75
College Hills Est
III
Lot 9, Block 14
75
College Hills Est
III
Lot 10, Block 14
96.66
College Hills Est III
Amount
$243.56
519.20
575.12
200.00
200.00
200.00
240.00
200.00
280.00
320.00
120.00
516.00
200.00
436.00
600.00
1958.00
800.00
532.80
645.56
400.00
320.00
300.00
300.00
300.00
300.00
386.64
Ordinance No. 890
Page 5
Name of Owner Description
No. of
Front Feet Amount
Arthur D. Bright
Lot 12,
Block
15
69.49
$ 277.96
College
Hills
Est
III
Robert I. Mitchell
Lot 13,
Block
15
75
300.00
College
Hills
Est
III
Wallace D. Beasley
Lot 14,
Block
15
75
300.00
College
Hills
Est
III
E. W. Sayers
Lot 15,
Block
15
75
300.00
College
Hills
Est
III
Frank M. Smith
Lot 16,
Block
15
75
300.00
College
Hills
Est
III
Aaron L. Miller
Lot 17,
Block
15
75
300.00
College
Hills
Est
III
Ed E. Powell
Lot 18,
Block
15
80
320.00
College
Hills
Est
III
Eldred E. Cochran
Lot 19,
Block
15
80
320.00
College
Hills
Est
III
John P. Phillips
Lot 1,
Block
15
163.35
653.40
College
Hills
Est
III
Charlie Clark
Lot 7,
Block
13
114.91
459.64
College
Hills
Est
Amie C. Stafford
Lot 6,
Block
13
77
308.00
College
Hills
Est
John C. Fowler III
Lot 5,
Block
13
76
304.00
College
Hills
Est
Ran Boswell
Lot 4,
Block
13
160.67
642.68
College
Hills
Est
„r Louise Dominik
Lot 1,
Block
14
132.35
529.00
College
Hills
Est
William D. Harris
Lot 14,
Block
14
80
320.00
College
Hills
Est
Norman C. Whitehorn
Lot 13,
Block
14
80
320.00
College
Hills
Est
W. B. Harris
Lot 12,
Block
14
80
320.00
College
Hills
Est
Robert L. Degner
Lot 11,
Block
14
103.91
415.64
College
Hills
Est
When more than one person, firm or corporation owns
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 bares
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 improve-
ments 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 anywise connected with
the improvements or the assessments therefor in any other unit.
Ordinance No. 890
Page 6
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 there-
of, 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 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 certificates shall be issued
by the City of College Station upon the completion and acceptance
Q
Ordinance NO. 890 Page 7
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 improve-
ments 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 anywise
invalidate or impair the assessment levied hereby or the
certificate issued in evidence thereof.
The said certificates shall further provide substan-
tially that if default shall be made in payment of such assess-
ments, when due, then, at the option of said City of College
Station, or its assigns, the whole of said assessment 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 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 certificate 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-requisities 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 con-
tract 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 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
Ordinance No. 890 Page 8
may contain other and further recitals pertinent or appropriate
thereto. It shall not be necessary that said certificate 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 assess-
ments for improvements in one unit are in no wise affected by
the improvements in, or the assessments levied for the improve-
ments 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
determine altogether without reference to any such matters in
any other unit, and the omission of the 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 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 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 notwithstanding 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 improve-
ments 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 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 as an emergency measure and be in force
and effect immediately from and after its passage.,
Ordinance No. 890
Page 9
PASSED AND APPROVED this 27th day of August, 1973.
APPROVED:
Mayor
ATTEST-:
City Secre4ary