Loading...
HomeMy WebLinkAbout1965-0435 - Ordinance - 06/11/1965�x /7017 cL ORDINANCE NO. 435 ORDINANCE DETERMINING TO ASSESS A PART OF THE COST OF IMPROVING PORTIONS OF ASHBURN AVENUE, PURYEAR DRIVE, JAMES PARKWAY, GILCHRIST AVENUE, WEST DEXTER C1 DRIVE, HERV'ORD STREET, AND TIMBER STREET IN THE CITY OF COLLEGE STATION, TEXAS, AGAINST ABUTTING PROPERTY AND THE OWNERS THEREOF, ADOPTING ENGINEERTS C) ROLLS, PROVIDING FOR NOTICE OF HEARING, AND DECLARING AN EMERGENCY. 01 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 Ashburn Avenue described as follows: Commencing at the intersection of Ashburn Avenue and Francis Drive thence in a southerly direction along Ashburn Avenue'until same intersects Gilchrist Avenue; and All that certain portion of Puryear Drive described as follows: Commencing at the intersection of Puryear Drive and Walton Drive thence in a southerly direction along Puryear Drive until same intersects Francis Drive; and ((A A11 that certain portion of James Parkway described as follows: !�a riCommencing at the intersection of James Parkway and Puryear Drive thence in a southerly direction along James Parkway until same intersects Francis Drive; and j All that certain portion of Gilchrist Avenue described as follows: t Commencing at the intersection of Gilchrist Avenue and Highway 6 thence LI.J in an easterly direction along Gilchrist Avenue until same intersects tad Puryear Drive; and DIL. All that certain portion of West Dexter Drive described as follows: Commencing at the intersection of West Dexter Drive and South Dexter Drive oil thence in a westerly direction along West Dexter Drive until same intersects Hereford Street; and C': .All that certain portion of Hereford Street described as follows: C':, Commencing at the intersection of Hereford Street and West Dexter Drive CA thence in a southerly direction along Hereford Street until same intersects County Road; and All that certain portion of Timber Street described as follows: Commencing at the common property line between A & M Consolidated School property and Holick Addition of Timber Street thence in a southeasterly direction along Timber Street until same intersects Park Place. The improvements to Ashburn Avenue, Puryear Drive, James Parkway, Gilchrist Avenue, West Dexter Drive, and Hereford Street shall consist of a six (6) inch 0103 a (L (s) WHEREAS, the present condition of such streets and places endangers the public health and safety and it is necessary that the improvements 1( thereof be proceeded with while the weather permits, and such improvements 1 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: LU 1 THEREE0ORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, THAT: LU LL I 4 The City of College Station does hereby determine to assess a portion ZD 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 00 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 459, as amended, commonly known as Article 1105-B, Revised Civil Statutes of Texas. 7 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 Timber 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 37 feet, as provided in said plans and specifications; and WHEREAS, the City of College Station has entered into a contract with B -W Construction Company of Bryan, Texas in the amount of $119,750.32 for the improvements of said Ashburn Avenue, Puryear Drive, James Parkway, Gilchrist Avenue, West Dexter Drive, Hereford Street, and Timber 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 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: 01033 Name of Owner W. J. Dobson R. H. Haas M. B. Smith J. C. Stewart C. E. Moore J. T. Yardley J. Y. .;Alexander E. R. Alexander P. K. Calaway R. J. Beamer M. C. Fuqua J. D. Cochrane Robert Holcomb John Calhoun R. H. Davis, Jr. E. C. Holt Fred Sioilio Homer H. Norton P. C. Hunter, Jr. E. S. Holdredge W. L. Wilson W. B. Dozier C. D. Wells C. L. Bretschneider Ruppert C. Woodward E. C. Bashaw Description No. of Front Feet Amount Lots 17, 18 C. H. Woodlands 216. $648.00 Lot 19 C. H. Woodlands 90. $270.00 Lot 20 C. H. Woodlands 80. 5240.00 Lot 21 C. H. Woodlands 100. $300.00 Lot 22 C. H. Woodlands 100. $300.00 Lot 23 C. H. Woodlands 100. 5300.00 Lot 24, 25 C. H. Woodlands 200. $600.00 Lot 26 C. H. Woodlands 287.7 X863.10 Lot 29 C. H. Woodlands 75. $225.00 Lots 30, Pt. 31 C. Ho Woodlands 100. $300.00 Lot Pt. 31 C. H. Woodlands 80. 5240.00 Lot 32 C. H. Woodlands 145. $435.00 Lots 14, 15, 16 C. H. Woodlands 327.7 0893.10 Lots Pt. 12, 13 C. H. Woodlands 150. 450,00 Lot Pt. 12 C. H. Woodlands 70. $210.00 Lot 11 C. H. Woodlands 100. $300.00 Lot 10 C. H. Woodlands 100. $300.00 Lot Pt. 9 X270,00 C. H. Woodlands 90. Lots 8, Pt. 9 C. H. Woodlands 110.4 $331.20 Lot 7 C. H. Woodlands 100. $300.00 Lot 6 C. H. Woodlands 100.7 $302.10 Lot 5 C. H. Woodlands 121. $363.00 Lots Pt. 3,4 402.00 C. H. Woodlands 134. Lot Pt. 3 C. H. Woodlands 100.8 5302.40 Lot 2 C. H. Woodlands 101. '303.00 Lot 1 C. H. Woodlands 130.8 $392.40 01034 Li U') 4-4 A.. 0 t:. 41 ,u' No, of Name of Owner Description Front Feet Amount D. L. Huss Lot Pt. 1 College Hills 135. 405.00 Block 7 Mrs. L. A. Duewall Lots Pt. 1, Pt. 32 It 102. 0306.00 Block 7 E. k' Sauer Lots Pt. 323 31 " 100. X300.00 Block 7 J. Q. Hays Lot 30 II 50. $150.00 Block 7 E. D. Parnell Lot 4 " 155. Block 6 Jane L. Fuller and Caroline Fuller MacDonald Lots 5, 6 II 155. 465.00 Block 6 J. W. Werner Lot 7 /I 75. X225.00 Block 6 J. H. Quisenberry Lots 8, Pt. 9 " 90. $270.00 Block 6 A. H. .Alex Lots Pt, 9, Pt. 10 " 110. $330.00 Block 6 Sylvia Cover Lots Pt. 10, 11, Pt. 12 " 100. 5300.00 Block 6 A. R. Orr Lots Pt. 12, 13 " 120. X360.00 113,2:t146 lock 6 Ora Lee Neeley Lot 14 " 70. 5210.00 Block 6 J. R. Parker Lot 15 " 70. $210.00 Block 6 E. C. Cunningham Lots 16, Pt. 17 " 1050 $315.00 Block 6 Knox Walker, Jr. Lots Pt. 17, 18 II125. $375.00 Block 6 Patricia Boney Smyth Lot 19 " 140.420.00 Block 6 James F. Cooper Lot 14 II James Block 12 J. Q. Hays Lot 30 II 103. 309.00 Block 7 Mrs. P. F. Macy Lot 29 II 75. 225.00 Block 7 0. E. Sperry Lot 28 " 75. $225.00 Block 7 G. 0. Hoffman Lot 27 " 80. 240.00 Block 7 J. B. Beckham Lot 26 II 80. 520.00 Block 7 A. H. Walker Lots Pt. 24, 25 " 122. $366.00 Block 7 J. M. Hendricks Lots Pt. 23, Pt. 24 " 105.5 $316.50 Block 7 J. W. Amyx Lots Pt. 22, Pt. 23 II130. $390.00 Block 7 01.035 Name of Owner R. M. Stevenson E. M. White B. G. Hancock 4 1 W. B. Howard ly R. H. Sherrod M. H. Butler 0 R. H. Rogers Ltd R. L. Skrabanek V? LJ5 Harold E. Redmond 0 0 E. L. Moody C. A. O'Brien cr ® Jerry C. Bradford 0 C Beulah Ball R. J. Kohe1 D. R. Ergle James A. Brady A. T. Powell Neal P. Ward C. J. Burgin Donald M. Vestal J. W. Evans Tom Taylor Estate R. L. Heitkamp C. L. Leinweber C. L. Godfrey Description Lot 21 Block 7 College Hills Lot 12 Block 9 Lot 16 Block 10 Lot 15 Block 10 Lot 4 Block 11 Lot 3 Block 11 Lot 2 Block 11 Lot 1 Block 11 Lot Pt. 12 Block 22 Lots 10, 11, Pt. 12 Block 22 Lot 9 Block 22 Lot 8 Block 22 Lot 7 Block 22 Lot Pt. 33 Block 19 Lot 32 Block 19 Lot 31 Block 19 Lot 30 Block 19 Lot 1 Block 20 Lots 10, 11 Block 20 Lots 8, 9 Block 20 Lot 7 Block 20 tt 11 tl It n n 7, It 11 11 n Lots 5, 6, 7, 8 Breezy Heights Block 2 Lots Pt. 3, 4 Block 2 Lots Pt. 2 Pt. 3 Block 2 Lots 1, Pt. 2 Block 2 No. of Front Feet Amount 155. $465.00 175. $525.00 150. $450.00 150. $450.00 80. $240.00 80. $240.00 80. $240.00 80. 0240.00 60. $180.00 110. $330.00 60. X180.00 60. $180.00 70. $210.00 70. ( 210.00 83.5 8250.50 83. 5249.00 950 $285.00 125. $375.00 115. $345.00 115. $345.00 95. $285.00 304.7 100. 100. 100. $914.10 300.00 1300.00 $300.00 01036 No. of Name of Owner Description Front Feet .Amount T. D. Letbetter Lot 2 Breezy Heights 120. 0360.00 Block 1 N. D. Durst Lot 1 " 190. $570.00 Block 1 L. G. Jones If 192. $576.00 Block 1 W. M. Williamson If 150. 5450.00 Block 1 T. D. Letbetter It115. 045.00 Block 1 R. E. Odom Lots 10, 11 College Park 100. 5300.00 Block 19 S. R. Wright Lots 6, 7 20' of 8 TT 95. $285.00 Block 19 Gilbert Ford Lots 30' of 8, 9 " 80. 5240.00 Block 19 I. H. Lloyd Lots 3, 4, 5 " 125. $375.00 Block 19 G. W. Schlesselman Lot 2 " 102. $306.00 Block 19 Mrs. J. T. L. McNew Lot 4 " 220. $660.00 Block 12 J. B. Rosser Lot Pt. 1 If 65. $195.00 Block 23 J. P. Abbott Lot Pt. 1 " 150. $450.00 Block 23 Mrs. James Sullivan Lot Pt. 12 " 1750 $525.00 Block 22 M. C. Hughes Lots 1, Pt. 12 " 155. 465.00 Block 22 Paul Cooper Lots 21 Pt., 3 " 136.4 $409.20 Block 22 Karl E. Elmquist Lots Pt. 3, 4 " 107.9 $323.70 Block 22 Fred R. Brison Lot 5 " 107.9 5323.70 Block 22 C. H. Groneman " 220. 5660.00 Block 22 H. C. Carter Lot 8 SE College Park 100. $300.00 Block 6 W. G. Adkins Lot 7 " 100. 4300.00 Block 6 C. K. Jones Lot 6 If 100. $300.00 Block 6 Mrs. A. B. Gleason Lot 5 " 100. 5300.00 Block 6 R. L. Hanna Lot 4 " 100. $300.00 Block 6 L. K. Jonas Lots Pt. 2, 3 " 110. 0330.00 Block 6 F. S. Hertzog Lot Pt. 2 " 90. ,270.00 Block 6 01337 Name of Owner Mrs. T. J. Kelley E. D. McMurray 0. D. Butler E. E. McQuillen A. B. Nelson Description Lot 1 SE College Park Block 6 Lot Pt. 2 Block 4 Lots 1, Pt. 2 Block 4 Lot Pt. 2 Block 1 Lots 1., Pt. 2 Block 1 C. M. Hepburn Lot 1 Holick Block 2 R. M. Hedges Lot 2 " Block 2 H. B. Adams Lot 3 " Block 2 J. E. Simmons Lots 1 and 2 " Block 3 R. S. Tapley Lots 3, Pt. 4 " Block 3 R. H. Schleider, Jr. Lots Pt. 4, Pt. 5 " Block 3 Margaret DeLucia Lot Pt. 5 " Block 3 Leonard C. Williams Lot 1 IT Block 1 R. M. Logan Lot 2 " Block 1 Rev. Norman Anderson Lots 3, 4, 5, " Pt. 6, Block 1 " W. T. Riedel Lots Pt. 6, Pt. 7 " Block 1 E. T. Edwards Lots Pt. 7, Pt. 8 " Block 1 C. O. Wilson Lots Pt. 8, 9 " Block 1 No. of Front Feet Amount 145.2 $435.60 85. $255.00 185. •555.00 80. $240.00 120. $360.00 80. 3240.00 80. $240.00 80. $240.00 160. $480.00 96.5 $289.50 95. $285.00 105.4 $316.20 75. 80. 285. 100. 100. 124. 225.00 $240.00 $855.00 $300.00 5300.00 •372000 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 o£ such proportionate sum. 018 /7 IV (.`' J1 hearing shall be given by and before the governing body of the City < of College Station, Texas, on the 28th day of June, 1965, at 7:00 p.m. at !iJ Q` the City Council Chamber of the City Hall of the City of College Station, Texas to the owners of the respective p parcels of property and to all others °5 in any wise interested, whether they be named herein or not, all of whom ME are hereby notified to be and appear at the time and place herein named and Or: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 0 heard, shall have been fully and fairly heard, and at which hearing any 03 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 improvements, 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 repre- sentatives 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 (j herein or not, and whether the property be correctly described or not. t At such hearings anyone in any wise interested or affected may subpoena iwitnesses and introduce evidence and have the right to appear and be heard. N -0i 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 fel: property against which assessments are levied, and shall be due and payable U -.i' on or before thirty days after date of completion and acceptance of the Liimprovements and said assessments shall bear interest from date of such Q.,, completion and acceptance until paid at the rate of eight per centum (8%) dU per annum, payable annually, provided, any owner shall have the right to M; pay the assessment at any time before maturity by paying principal and MF interest accrued to date of, provided rovided further that if default be LY;° made in the payment promptly as the same matures the entire assessment shall 0be collectible together with reasonable attorney fees and cost of collection, 0 if incurred. On 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 proceedings had separate hearings, and separate notices thereof ordered. 01039 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 substan- tially correct copy of this ordinance to be published at least three times 4 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 prop- erty abutting upon said portions of said streets and avenues, whether such W 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 se! to be affected thereby, shall be and are duly notified and no error or mis- C, • take in the name of any property owner, in the description of any property or 61 in the amount of any proposed assessment shall in anywise affect or inval- :y idate 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 C copy of such published notice to be mailed to each owner of property abutting 01 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 11th day of June, 1965. ATTEST: (1) SA. A_ Manna.ng Or 0 01 City Secretary APPROVED: APIPoor l/p / ,o27/hi.5 S/Ernest Langford Mayor 01040