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HomeMy WebLinkAbout1961-0319 - Ordinance - 07/06/1961BOORUM & PEASE BOORUM & PEASE ORDINANCE NO. 319 THE STATE OF TEXAS $ COUNTY OF BRAZOS On this the 6th day of July, 1961, the City Council of the City of College Station, Texas, in the above mentioned county, convened in special session in the regular meeting place in said city, all members thereof, to wit: Ernest Langford, Mayor J. A. Orr, Councilman Carl Landiss, Councilman D. A, Anderson, Councilman Joe H. Sorrels, Councilman A. P. Boyett, Councilman A. L. Rosprim, Councilman 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 FOSTER AVENUE, MOSS AVENUE, CHURCH AVENUE, THOMAS STREET 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 THEREOF, AND DECLARING AN EMERGENCY. It was moved by Councilman Anderson, and seconded by Councilman Landiss, 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 FOSTER AVENUE, MOSS AVENUE, CHURCH AVENUE, THOMAS STREET AND SUNDRY OTHER STREETS AND PLACES IN THE CITY OF COLLEGE STATION, TEXAS, AND PROVIDING FOR THE COLLECTION OF SUCH ASSESSMENTS, AND THE ISSUANCE OF ASSIGNABLE CERTIFICATES IN EVIDENCE THEREOF, 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 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 appurtenances, to wit: All that certain portion of Foster Avenue described as follows: Commenc- ing at the intersection of Walton Drive and Foster Avenue, thence in a South- easterly 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; 00740 All that certain portion of Church Avenue from its intersection of Tauber Street, thence in a Northeasterly direction along Church Avenue until same intersects 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. 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 improve- ments, 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 therefore; to wit: On the 6th day of July, 1961, 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 ratification were corrected and rectified and the City Council finds, as herein ordained, that such hearing should be closed, said protests desposed of andaassessments 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 herin 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 OF COLLEGE STATION, TEXAS: All protests and objections, whether herein specifically mentioned or not shall be and the same are hereby overruled, and the said hearing with re- spect to teach and all of said units is hereby closed. 00741 kld 0 ,, 2 0 0] 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 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 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 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. 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 thereof, whether such owners be correctly named herein, or not, the sums of money below mentioned and itemized and shown opposite the descriptions of the respective 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 Feet Amount Fred C. Seale Lot 1 Blk 3 College Hills Est. 80. $240.00 S.S. Floeck Lot 2 Bik 3 " " " 70. $210.00 Neelley B. Farquhar Lot 3 Blk 3 " " " 70. $210.00 Joseph R. Murillo Lot 4 Blk 3 " " " 70. $210.00 Richard M. Robinson Lot 5 Blk 3 " " " 70. $210.00 Mae Belle Smith Lot 6 Blk 3 " " " 70. $210.00 F. L. Thomas Lot 7 Blk 3 " " " 70. $210.00 Edwin Matula Lot 8 Bik 3 " " " 70. $210.00 S. E. Brown Lot 60' 9 Blk 3" " " 60. $180.00 S. L. Parker Lots 10° 9, 10 Blk 3 " " " 105. $315.00 Henry Kovar Lot 1 Blk 4 " " " 136.8 $410.40 C. E. Dillon Lot 18 Blk 4 " " " 145. $435.00 Harvey Oakes Lot 19 Bik 4 " " " 80. $240.00 W. I. Truettner Lots 20, i 21 Blk 4 " 1° " 105. $315.00 Charles F. Richardson Lots i of 21, 22 Blk 4 " " 105. $315.00 Clifton S. Harris Lot 23 Bik 4 " " " 70. $210.00 Jay D. Jones Lot 24 Blk 4 " " " 70. $210.00 Brazos Varisco Lot 25 Blk 4 " " " 65. $195.00 Sally E. Wilson Lot 26 Blk 4 " " 65. $195.00 Charlotte Tompkins Lot 27 Blk 4 " " " 65. $195.00 J. H. Pruitt Lot 28 Blk 4 " " " 75. $225.00 Sidney O. Brown Lots 1, 2, Blk 9 It ,, 155. $465.00 00742 ri'� 0 BOORUM & PEASE 0°a) w 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 L William C. Hurley M/Sgt. Silas L. Copel Mildred Sism Robert C. Hall Russell James Kohel Henry Kovar J. G. H. Thompson James R. Martin Read Wipprecht Beulah Ball W. B. Thomas Otis C. Whites Jim Abate Merrell E. Sutphen S. E. Brown Read Wipprecht Miss Emilie O. Colson Gause Builders Supply Lot Lot 4 Blk 9 Lot 5 Blk 9 Lot 6 Blk 9 Lot 7 Blk 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, azid 3 Blk 19 Lot 4 Blk 19 Lots 5, 6 Blk 19 and Lots of 6, 7 Blk 19 Lots 8, 20' 9 Blk 19 Lots 35' of 9, 20' 11, Blk 19 Lot Pt. 34 Blk 19 Lots 11, 12 Blk 21 Lots 13, 14, Blk 21 Lot 15 Blk 21 Lot 6 Blk 22 Lot 7 Blk 22 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 Co.Lot 17 Blk 21 3 Blk 9 College Hills Est. It 11 11 11 ft ft ,t tt 11 u tt ft tt It tt tt tt ft ft ft ft H 1f 11 11 It It 10, ft It It It tt ft tf ft ft tt tt 11 ►1 ft tt n 1f tt 1f tt 11 11 n et It tt It u ft 11 11 ft 1t tt tt It 11 11 11 11 tt u n tt It ft ft tt ft tt ft u d /f ►t tt t1 ft n tt tt 11 It 11 11 u 11 It It 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. 60. 60. 50. 60. 60. 70. 58. 58. $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 $180.00 $180.00 $150,00 $180.00 $180.00 $210.00 $174.00 $174.00 00743 .73 Cao 0 �; R. C. Franks Lot 18 Bik 21 College Hills Est. 58. $174.00 .. Robert Metzer Lot 19 Blk 21 " " " 58. $174.00 Tom W. Goldstone Lot 20, 2" 21 Blk 21 " " " 60. $180.00 John H. Pruitt Lot 68' 21 Blk 21 " " " 68. $204.00 First Baptist Church Lot 1 Blk 1 Tauber 110. $330.00 Mrs. Zofie M. Nowlin Lot 12 Blk 1 " " " 142.25 $426.75 St. Mary's Catholic ChurchLots 1, 14 Bik 3" " " 213: $426.00 A & M Methodist Church Lots 4, i 3 " " " Blk 5 " " " 212.25 $424.50 St. Mary's Catholic Church Lots 3, 4, Bik 6 " " 213. $639.00 Manning A. Price Lot 3 Blk 2 S. E. College Park 100. $300.00 Marion Pugh Lot 4 Blk 2 " It " 80. $240.00 R. Reeves Lot 5 Bik 2 " " " 142.5 $427.50 Haile D. Perry Lot 1 Blk 3 It " " 100. $300.00 Marion Pugh Lot 2 Blk 3 " " " 80. $240.00 Ray H. Putman Lot 3 Bik 3 " " " 80. $240.00 O.) William G. Breazeale Lot 4 Bik 3 " " " 90.3 $270.90 0 0 Where more than one person, firm or corporation own an interest in any property above described, each said person, firm or corporation shall be person- ally liable only for its, his or her pro rata of the total assessment against such property in.proportion of its, his or her respective interest bears to the total ownership of such property, and its, his or her interest in such prop- perty, may be released from the assessment lien upon payment of such propor- tionate sum. That the assessments so levied are for the improvements in the particular unit upon which the property described abuts, and the assessment for the im- provements in one unit are in no wise related to or connected with the improve- ments 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 assess- ments therefor in any other unit. 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 a 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 00744 LIJ state, county and municipal and school taxes, and the sums so assessed shall be payable as follow, to wit; O"' Said assessments shall be due and payable on or before thirty days after 65 dateof 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 0 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. 5 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 i -n 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 CL of the City, attested by the City Secretary with the corporate seal, and shall 66 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, 0 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 them 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 pro- perty, 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 substantially that if default shall be made in payment of such assessments when due, then, at the option of 00745 t/9 a 0, said City of College Station, or its assigns, the whole of said assessments evi- at dented 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 0 certificates shall set forth and evidence the personal liability of the owners 0 of such property and the lien upon such property and shall provide in effect 03 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, BOORUM & PEASE 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 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 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 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 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. 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 00746 K invalidity, or irregularity, whether in such assessment or in the certificate in any other matter of thing, shall in any wise invalidate or impair any assess- ment, levied hereby or any certificate issued, and any such mistake, error, �.•. issued in evidence thereof, may be corrected at any time by the city. IX. BOORUM 8-z PEASE 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 endanger 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, add such rules are accordingly suspended and this ordinance is passed as and shall take effect and be in force and effect im- mediately from and after its passage. PASSED AND APPROVED this the 6th day of July, 1961. ATTEST: f< 17 ;,rs`4 (11/ K. A. Manning, City Sec etary Ernest Langfgrd, Mayor 00747