HomeMy WebLinkAbout1971-0732 - Ordinance - 03/22/1971ORDINANCE NO. 732
AN ORDINANCE DETERMING TO ASSESS A PART OF THE COST OF IMPROVING PORTIONS OF BURT
STREET, SUFFOLK AVENUE, PATRICIA STREET, SPRUCE STREET, LUTHER STREET AND MONTCLAIR
AVENUE IN THE CITY OF COLLEGE STATION, TEXAS AGAINST ABUTTING PROPERTY AND THE
OWNERS THEREOF, ADOPTING ENGINEERIS ROLLS, PROVIDING FOR NOTICE OF HEARING, AND DE-
CLARING AND 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 Burt Street described as follows:
Commencing at the intersection of Burt Street and Pershing Avenue;Thence in a
southwesterly direction along Burt Street until same intersects Suffolk Avenue;and
All that certain portion of Suffolk Avenue described as follows:
Commencing at the intersection of Suffolk Avenue and Pershing Avenue; Thence in a
southeasterly direction along Suffolk Avenue until same intersects Park Place;and
All that certain portion of Patricia Street described as follows:
Commencing at the intersection of Patricia Street and First Street; Thence in a
northeasterly direction along Patricia Street until same intersects College Main;and
All that certain portion of Spruce Street described as follows:
Commencing at the intersection of Spruce Street and Boyett Street; Thence in a
northeasterly direction along Spruce Street until same intersects College Main;and
All that certain portion of Luther Street described as follows:
Commencing at the intersection of Luther Street and F.M. 2154; Thence in a north-
easterly direction along Luther Street until same intersects Highlands Street;and
All that certain protion of Montclair Avenue described as follows:
Commencing at the intersection of Montclair Avenue and Luther Street; Thence in a
Southeasterly direction along Montclair Avenue until same terminates in a cul-de-sac;
and
The improvements to Burt Street, Suffolk Avenue, Luther Street, Spruce
Street and Montclair Avenue shall consist of a six (6) inch compact depth limestone
balsc with a one (1) inch plant mix surfacing, or a fo>>r (4) Inch black base and a
one (1) inch plant mix surfacing with concrete curbs to a width, measured from back
to back of 28 feet, as provided in said plans and specifications; and
The improvements to Patricia Street shall consist of a six (6) inch
compact depth limestone base with a one (1) inch plant mix surfacing, or a four (4)
inch black base and a one (1) inch plant mix -surfacing with concrete curbs to a width,
measured from back to back of 25 feet, as provided in said plans and specifications;
and
WHEREAS, the City of College Station has entered into a contract with Young
Brothers Contractors, Inc. of Waco, Texas in the amount of $71,713.15 for the im-
provements of said Burt Street, Suffolk Avenue, Patricia Street, Spruce Street,
Luther Street, and Montclair Avenue, and the City Engineer has prepared and filed
rolls or statements concerning the improvements and assessments therefor; and
Ordinance No. 732 Page 2.
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 &-ndange-tsthe 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 and 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 and 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
Sesseion, Chapter 106, Page 489, as amended, commonly known as Article 1105-B, Revised
Civil Statutes of Texas.
we
Said rolls:or statements be and the same are hereby adopted and approved.
Pose
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 state-
ments being as follows: to -wit:
No. of
Name of Owner Description Front Feet Amount
Helen S. Martin Blk 1, Lot 6-Boyett Addn. 83.50 $334.00
Oran H. Boyett Blk 1,Lot 7 (59.151)
Blk 1,LotPt.of8 (37.5l)-Boyett 96.65 386.60
N. K. Boyett B1k.1,Lot 10.521 of 8
Blk. 1,Lo1- 10. 52 1 of 9-Boyett 21.04 84. 16
A. P. Boyett Blk. 1,Lot 40.00' of 9
B1k.1,Lot 25 (30.231)-Boyett 70.23 280.92
A. P. Boyett Jr. B1k•1,Lot 10-Boyett 50.00 200.00
Jack Boyett Blk•1, 10.1t of 27
Blk. 1, 12.5" of 11-Boyett 22.60 90.40
L. B. Lindley Blk. 1, 12.5t of 11-Boyett 12.50 50.00
A. P. Boyett & Blk. 1, 25t of 11
N. K. Boyett Blk. 1, Lot 12 (75.0')-Boyett 100.00 400.00
Ordinance No. 732
Page 3
No. of
Name of Owner
Description
Front Feet
Amount
Mrs. Ernest Seeger Est.
Blk. 1, Lot 13, 15,16-Boyett
234.72
938.88
Jesse V. Henton
B1k.1,Lot 14-Boyett
162.20
648.80
Marie Boyett Dooley
Blk.1, Lot 21,22-Boyett
60.46
241.84
Frank Kahan &
J. B. Lauterstein
Blk.l,Lot 23-Boyett
30.23
120.92
Guy F. Boyett
B1k.1,Lot 24-Boyett
30.23
120.92
Norma Sue Boyett Hendler B1k.1,Lot 26-Boyett
30.23
120.92
Lynwood Boyett
Blk.1, Lot10.1eof27-Boyett
10.1
40.40
William G. Boyett
Blk.1,Lot28-Boyett
30.23
120.92
R. S. Jones
B1k.9,Lot1-Boyett
146.4
585.60
Christian Science Church B1k.9,Lot 6-Boyett
146.4
585.60
N. K. Boyett
Pt.ofBlk.8-Boyett
20.0
80.00
T. Taylor &
W. T. Moore
Pt.ofBlk.8-Boyett
102.51 ._
410.04
Mrs. W. 0. Reed
B1k.1,Lot 10.11 of 27
Pt. of Blk.8(17.01) - Boyett
27.1
108.40
Lynwood Boyett
Pt.of Blk.8-Boyett
17.0
68.00
A. P. Boyett
Pt.of B1k.8-Boyett
194.7
778.80
John R. Eble
B1k.A,Lot3-W.Park-2nd Addn.
130.0
520.00
Elizabeth Ann Stone
Blk.A,Lot4-W.Park-2nd Addn.
50.0
200.00
Gilbert Sanchez
B1k.A,Lot5-W.Park-2nd Addn.
50.0
200.00
H. E. Burgess
Blk.A,Lot6-W.Park-2nd Addn.
50.0
200.00
Bardin Nelson
B1k.A,Lot7 & 8-W.Park-2nd Addn.
148.2
592.80
Kenneth R. Norton
B1k.A,Lotll-W.Park-2nd Addn.
130.0
520.00
Joy L. O'Bannon
B1k.B,Lot3-W.Park -2nd Addn.
157.5
630.00
Herbert Hearne
Blk. B,Lot6-W.Park-2nd Addn.
157.5
630.00
Hrdlicka Estate
Tract,Ed Hrdlicka Est.
302.3
1,209.20
Southgate Village Apts.
Tract, -Ed Hrdlicka Est..
649.0
20596.00
� :.s
Ordinance No. 732
Page 4
No. of
Name of Owner
Description
Front Feet
Amount
Bardin H. Nelson
Tract,Ed Hrdlicka E'st.
60.0
240.00
Marion Pugh
Tract,Ed Hrdlicka Est.
50.0
200.00
J. Wheeler Barger
B1k..1,Lot11-S.Oakwood
140.0
560.00
Mrs. E. B. Reynolds
B1k.5,Lot1-S.Oakwood
116.0
464.00
J. G.Gay
B1k.5,Lot21-S.Oakwood
176.0
704.00
John W. Barnes
B1k.5,Lot22 &
Zof 23-S.Oakwood
75.0
300.00
Roger*.V. Garrison
B1k5,LotZof23,245,
Zof25 - S.Oakwood
100.0
400.00
Joseph J. McGraw
B1k.5,Lot2of25,26-S.Oakwood
75.0
300.00
Clifton E. Anderson
B1k.51,Lot27 & 28-S.Oakwood
100.0
400.00
A. C. Magee
B1k.5,Lot30,31, &
Zof32 - S.Oakwood
125.0
500.00
Paul A. Boatwright
B1k5,Lot2of32,33 &
Zof34-S.Oakwood
100.0;
400.00
John Holcomb
B1k.5,Lot2of34,35, &
Zof36-S.Oakwood
100.0
400.00
Peggy Campbeill. Owens
B1k.5,Lot2of36,37,&38-S.Oakwood
125.0
500.00
Joe T. Sanders
B1k.5,Lot30'of1-S.Oakwood
30.0
120.00
Lee J. Martin
B1k.5,Lot45'of1-S.Oakwood
45.0
180.00
H. E. Hill
B1k.6,Lot45!of3 &
451of4-S.Oakwood
90.0
360.00
Phillip B. Goode
B1k.6,Loto5lof4,5, &
10tof6-S.Oakwood
65.0
260.00
Sandra J. Datshkovsky
B1k.6Lot40lof6,7,&10tof8-S.Oakwood
100.0
400.00
C. Mitchell
B1k.6,Lot40'of8,9,10-S.Oakwood
140.0
560.00
R. C. Bell
B1k.6,Lot12,131 &
Zof14-S.Oakwood
125.0
500.00
Mrs. W. L. Hughes
B1k.6,Lot2of14,15, &
Zof 16-S.Oakwood
100.0
400.00
C. A. Roeber
B1k.6,Lot2of16,17, &
Zof18 - S.Oakwood
100.0
400.00
0191 7
Ordi.nanc�e No. 732
Name of Owner
John B. Smith
Elizabeth Boyett
Jack Boyett
Pieter Groot
N. K. Boyett
Robert T. White
W. A. Boyett
R.Price
Lynwood Boyett
Elizabeth Boyett
R. B. Hickerson
C. C. Doak
Clifton E. Anderson
A. C. Magee
Luther G. Jones
Lee Cash
Description
B1k6,Lot2of18,19,20-S.Oakwood
B1k.185,Lot3 -Boyett
B1k.18,Lot4 -Boyett
B1k.18,Lot5&6 -Boyett
B1k.18,Lot7&8 -Boyett
B1k.18,Lot9&10 -Boyett
B1k.18,Lot11 -Boyett
B1k.17,Lot1 -Boyett
B1k.175,Lot2,3,4,5,6,&7 -Boyett
B1k.17,Lot8&9 -Boyett
B1k.5,Lot10-S.Oakwood
B1k.5,Lot12-S.:Oakwood
B1k.55,Lot28-S.Oakwood
B1k.5,Lot30-S.Oakwood
Tract - C. Burnett Survey
Tract - C. Burnett Survey
Page 5
No. of
Front Feet Amount
125.0
500.00
90.0
360.00
50.0
200.00
100.0
400.00
100.0
400.00
100.0
400.00
125.0
500.00
65.0
260.00
300.0
11200.00
175.0
700.00
145.0
580.00
145.0
580.00
145.0
580.00
145.0
580.00
1083.0
41332.00
100.0
400.00
Ordinance No. 732
Page 6.
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
proporation as 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 26th day of April, 1971, 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 anywise 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 mistake,
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 improvements, and the amount of the assessments, and the apportion-
ment 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 anywise 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, irreg-,.
ularity 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
anywise 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 pro-
ceedings of the city by 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 anywise interested
or affected may subpoena witnessess 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 sha1.1 be dLie 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 to-
gether 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
Ordinance No. 732
Page 7.
the same extent and as fully as if entirely separate proceedings had separate hear-
ings, 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 im-
proved and to all others interested, of the time, place and purpose of such hearings
and of all matters and things by causing a substantially 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 before the date of such hearing, and by
such publication all owners of property abutting upon sAid streets and avenues,
whether such owners be named herein or not and whether the property be correctly
decribed herein or not, as well as to all others in anywise interested therein or to
be affected thereby, shall be and are duely 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 pursusant 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 caus-
ing a substantial copy of such published notice'to be mailed to each owner of pro-
perty 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.
Vill.
The Present condition of said portions of streets and avenues endagers health and
public safety, and it is necessary that the improvements thereof be proceeded with at
once and while the weather will permits and such facts constitute and create and
emergency and an urgent public necessity requiring that the rul'ess 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 22nd day of March 1971.
APPROVED:
Mayor Pro Tem
ATTEST:
t t Z
Assistant
City Secretary