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HomeMy WebLinkAbout1961-0317 - Ordinance - 06/23/1961ORDINANCE NO. 317 ORDINANCE DETERMINING TO ASSESS A PART OF THE COST OF IMPROVING PORTIONS OF FOSTER AVENUE, MOSS AVENUE, CHURCH AVENUE AND THOMAS STREET IN THE CITY OF COLLEGE 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 here- tofore ordered that the following portions of streets in said city be improved by raising, grading, filling same, installing concrete curbs and gutters and by pav- ing and by installing drains, inlets and storm sewer, 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, towit: All that certain portion of Foster Avenue described as follows: Commenc- ing at the intersection of Walton Drive and Foster Avenue, thence in a Southeasterly direction along Foster Avenue until same intersects Moss Avenue; and commencing at the intersection of Moss Avenue and Foster Avenue, thence in an Easterly direction along Foster Avenue until same intersects Kyle Avenue; All that certain portion of Moss Avenue from its intersection of State Highway No. 6, thence in a Northeasterly direction along Moss Avenue until same intersects Foster Avenue; All that certain portion of Church Avenue from its intersection of Tauber Street, thence in a Northeasterly direction along Church Avenue until same inter- sects Nagle Street; All that certain portion of Thomas Street from its intersection of Dexter Drive, thence in an Easterly direction along Thomas Street until same intersects alley on the East boundary of Southeast College Park Addition. The improvements to Foster Avenue shall consist of a six (6) inch compact depth gravel base with a one (1) inch asphalt plant mix with concrete curbs to a width, measured from back to back of 27 feet; and the improvements to Moss Avenue shall consist of a six (6) inch compact depth gravel base with a one (1) inch asphalt plant mix with concrete curbs to a width, measured from back to back of 27 feet; and the improvements to Church Avenue shall consist of a six (6) inch compact depth gravel base with a one (1) inch asphalt plant mix with concrete curbs to a width, measured from back to back of 37 feet; and the improvements to Thomas Street shall consist of a six (6) inch compact depth gravel 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 WHEREAS the City of College Station has entered into a contract with Jack M. Barker Construction Co., Lufkin, Texas, for the improvements of said Foster Avenue, Moss Avenue, Church Avenue and Thomas 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 00725 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 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, towit: Name of Owner Fred C. Seale S. S. Floeck Neelley B. Farquhar Joseph R. Murillo Richard M. Robinson Mae Belle Smith F. L. Thomas Edwin Matula S. E. Brown S. L. Parker Henry Kovar C. E. Dillon Harvey Oakes W. I. Truettner Charles F. Richardson Clifton S. Harris Jay D. Jones Description Lot 1 Blk 3 Lot 2 Blk 3 Lot 3 Blk 3 Lot 4 Bik 3 Lot 5 Bik 3 Lot 6 Blk 3 Lot 7 Blk 3 Lot 8 Bik 3 Lot 60. 9 Blk 3 Lots 10. 9, 10 Blk 3 Lot 1 Blk 4 Lot 18 Blk 4 Lot 19 Blk 4 Lots 20, 21 Blk 4 Lots of 21, 22 Blk 4 Lot 23 Blk 4 Lot 24 Bik 4 College tl ft It ft ft tt u It It 11 ft ft tt It tt Rills tt 11 tt 1f fl ft No. of Front Feet Est. 80. 11 70. 70. 70. 70. 70. 70. 70. 60. It 11 it It ft tt it ft 105. 136.8 145. 80. 105. 105. 70. 70. Amount $240.00 $210.00 $210.00 $ 210.00 $ 210.00 $210.00 $210.00 $ 210.00 $180.00 $315.00 $410.40 $435.00 $240.00 $315.00 $ 315.00 $210.00 $ 210.00 00729 Brazos Varisco Sally E. Wilson Charlotte Tompkins J. H. Pruitt Sidney 0. Brown E. B. Patton Russell K. Wieder Edward Zalenski James R. Dixon D. A. Anderson J. C. Culpepper Troy McElroy Estate Jim Edge Katherine Russell E. M. White, Sr. J. R. Jackson Bluefford G. Hancock George F. Sousares David T. Killough, M/Sgt. M. E. McClain Robert G. Cox E. V. Walton Jim S. Beaty William J. Dobson John W. Hill Mrs. Beth B. Brady Frederick Kasten William C. Hurley M/Sgt. Silas L. Copeland Mildred Sims Robert C. Hall Russell James Kobel Henry Kovar J. G. H. Thompson James R. Martin Read Wipprecht Beulah Ball Lot 25 Bik 4 College ►1 Lot 26 Blk 4 Lot 27 Blk 4 Lot 28 Blk 4 Lots 1, 2, Blk 9 Lot 3 Blk 9 Lot 4 Blk 9 Lot 5 Blk 9 Lot 6 Blk 9 Lot 7 Bik 9 Lot 8 Blk 9 Lot 9 Blk 9 Lot 10 Blk 9 Lot 11 Blk 9 Lot 12,Blk 9 Lot 1 Blk 10 Lots 16, 17, 18, Blk 10 Lots 19, 20 Blk 10 Lot 21 Blk 10 Lot 22 Blk 10 Lot 23 Blk 10 Lot 24 Blk 10 Lot 55' of 25 Blk 10 Lots 5' of 25, 26 Blk 10 Lots 1, 10' 34 Blk 19 Lots 2 and 3 Blk 19 Lot 4 Blk 19 Lots 5, 6 Blk 19 Lots of 6, 7 Blk 19 Lots 8, 20' 9 Blk 19 Lots 35' of 9, 10, 20' 11, Blk 19 Lot Pt. 34 Blk 19 Lots 11, 12 Blk 21 Lots 13, 14 Blk 21 Lot 15 Bik 21 '1 Lot 6 Bik 22 Lot 7 Blk 22 11 n r fl f1 ft f1 ft ft f1 ft 1, It Hilts Est. f1 ft ff tl f► ft ►f fl n fl f► If ft ft ft If f1 f1 u 11 ,, 11 I1 ft of ff ft 11 f/ f1 ff N it n f1 f1 n It 11 f1 fl I1 fl u n f1 n If fl ft ft 1f f1 fl fl n n 11 f► ff 65. 65. 65. 75. 155. 65. 65. 65. 60. 60. 60. 60. 60. 60. 80. 140. 190. 120. 60. 60. 70. 60. 55. 55. 80, 140. 63.8 82.5 82.5 75. 110. 110. 170. 172.7 69.8 106. 106, $195.00 $195.00 $195.00 $225.00 $465.00 $195.00 $195.00 $195.00 $180.00 $180.00 $180.00 $180.00 $180.00 $180.00 $ 240.00 $420.00 $570.00 $ 360.00 $180.00 $180.00 $ 210.00 $180.00 $165.00 $165.00 $240.00 $ 420.00 $191.40 $247.50 $ 247.50 $ 225.00 $ 330.00 $ 330.00 $510.00 $518.00 $209.40 $318.00 $318.00 00730 W. B. Thomas Otis C. Whites Jim Abate Merrell E. Sutphen S. E. Brown Read Wipprecht Miss Emilie 0, Colson Gause Builders Supply Co. R. C. Franks Robert Metzer Tom W. Goldstone John H. Pruitt First Baptist Church Mrs. Zofie M. Nowlin St. Mary's Catholic Church A & M Methodist Church St. Mary's Catholic Church Manning A. Price Marion Pugh R. Reeves Haile D. Perry Marion Pugh Ray H. Putman William G. Breazeale Lot 60* 1 Blk 22 Lot 10* 1, 2 Blk 22 Lot 3 Blk 22 Lot 4 Blk 22 Lot 5 Blk 22 Lot 6 Blk 22 Lot 16 Blk 21 Lot 17 Blk 21 Lot 18 Blk 21 Lot 19 Blk 21 Lot 20, 2' 21 Blk 21 Lot 68' 21 Blk 21 Lot 1 Blk 1 Lot 12 Blk 1 Lots 1, 14 Blk 3 Lots 4, 3 Blk 5 Lots 3, 4, Blk 6 " Lot 3 Blk 2 S. E. College Lot 4 Blk 2 " ft Lot 5 Blk 2 Lot 1 Blk 3 Lot 2 Blk 3 Lot 3 Blk 3 Lot 4 Blk 3 A If 11 tt ft tt ft 11 tt ft 11 If 11 /1 " It " If 11 It It If 11 It II II It 11 It 11 11 11 11 11 It tt Tauber tt ft tt tf If t, I1 11 ft ft If Park tt " ft ft It 60. 60. 50. 60. 60. 70. 58. 58. 58. 58. 60. 68. 110. 142.25 213. 212.25 213. 100. 80. 142.5 100. 80. 80. 90.3 $180.00 $180.00 $150.00 $180.00 $180.00 $ 210,00 $174.00 $174.00 $174.00 $174.00 $180.00 $204.00 $330.00 $426.75 $426.00 $424.50 $639.00 $300.00 $ 240.00 $427.50 $300.00 $240.00 $ 240.00 $270.90 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 proportionate sum. IV A hearing shall be given by and before the governing body of the City of College Station, Texas, on the 6th day of July, 1961, 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 pro- ceedings with reference to the making of said improvements or assessments there- for 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, 00731 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 pro- ceedings 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 assess- ment 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 are 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 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 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 00732 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 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 assess- ment 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 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 con- stitute 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 23rd day of June, 1961. ATTEST: Cit SecretarVrc APPROVED: Mayor