HomeMy WebLinkAbout1980-1215 - Ordinance - 04/10/1980ORDINANCE NO. 1215
� THE STATE OF TEXAS
COUNTY OF BRAZOS *
On this 10th day of April, 1980, the City Council of the City of College
Station, Texas, in the above - mentioned Counrty, convened in regular session in the
regular meeting place in said city, and a quorum thereof, to wit:
Mayor Gary Halter
Councilmen Ringer, Boughton, Dozier, Kelly, Jones, Runnels
being present and passed the following ordinance:
AN ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR A PART OF THE COST OF
IMPROVING PORTIONS OF EISENHOWER, POPLAR, STERLING, THOMAS AND PEYTON STREETS,
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.
WHEREAS, the City Council of the City of College Station, Texas, has here-
tofore ordained 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 appurtenances, to -wit:
All that certain portion of Eisenhower, Poplar, Sterling, Thomas and Peyton
Streets described as follows: Eisenhower from Live Oak to Cooner; Poplar from
Texas Avenue to Eisenhower; Sterling from Lassie to end; Thomas from Hawthorne to
Pershing; Peyton from Tarrow to end.
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 of statements showing estimated costs 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 owners of said abutting prop-
erty, and due and proper notice of time and place and purpose of such hearing was
given, and said hearing was held at the time and place fixed therefor; to -wit:
On the 9th day of April, 1980, in the regular meeting place of the City
of College Station, Texas at 4:00 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 allterrors heard
and all errors and irregularities and all other matters requiring correction or
rectification were corrected or rectified and the City Council finds, as herein
'A ordained, that such hearings should be closed, said protests disposed of and said
"'7�
Ordinance No. 1215
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 ex-
ceed the amount provided to be assessed by the law and charter provisions set
forth in the City, and by proceedings of the City with reference to such improve-
ments; and the City Council further finds that from the evidence, that any assess-
ment 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 the 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
WHEREAS, the present conditions 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 consti-
tute 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 specifically mentioned or not
shall be and the same are hereby overruled, and the said hearing with respect to
each and all of said units is hereby closed.
w
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 established substantial justice and quality
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 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 these improvements is in accordance
with the law and charter in force in the City and is in accordance with the pro-
ceedings heretofore taken and had with reference to such improvements and is in
all respects valid and regular.
III.
That there shall be and is hereby levied and assessed aginst 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 itemized and shown opposite the descriptions of the respective
parcel of property; the description of such property, the several amounts assessed
against the same, and the owners thereof, being as follows, to -wit:
-2-
Ordinance No. 1215
L
NAME /OWNER
Patsy Perry
Home Finders Realty
HiLo Auto Supply
Edward E. Boyd
Norbert J. Wilcox
John Otts, Jr.
Thomas L. Gerke
R. L. Hunt
Robert G. Nash
Charles H. Slade
Walter E. Krueger
George Pilgreen
c/o HiLo Auto Supply
EISENHOWER
DESCRIPTION
Lot 3 Block 25 of
D.A. Smith Subdivision
Lot 1 of Armstrong
Subdivision
Lots 9 & 10 of
Visoski Subdivision
Lot 5 Block C of
College Heights Subdivision
Lot 6 Block C of
College Heights Subd.
Lot 11 Block 2 of
Cooner Addition
Front 112 of Lot 1
Block 3 of Cooner Addition
Back 1/2 of Lot 1
Block 3 of Cooner Addition
60' of Lot 5
Block B of College
Vista Subd.
Lot 5 Block C of
College Vista Subd.
Lot 6 of Block C of
College Vista Subd.
POPLAR STREET
Lots 10 & 11 of
Visoski Subdivision
-3-
FRONT FOOTAGE
190
99
129
76
70
145
64.5
79.5
111
112
56
127
TOTAL
$2,280.00
$1,188.00
$1,548.00
$ 912.00
$ 840.00
$1,740.00
$ 774.00
$ 954.00
$1,332.00
$1,344.00
$ 672.00
$1,524.00
039n
le
Ordinance No. 1215
J. P. Watson
Lot 12 of Visoski
Subdivision
66
$ 792.00
Yo Fu Lee
Lots 13, 14 & 22' of
15 in Visoski Subd.
154
$1,848.00
K. D. and Ted Kilpatrick
Lots 16 and 44' of 15
c/o Sonic Drive In
in Visoski Subd.
95
$1,140.00
Francis Larey
35.4' of Lot 17 and 15'
c/o Sam Cangelose
of 16 of Visoski Subd.
49.5
$ 584.00
U -Haul of Houston
Lots 12 & 13 of
Armstrong Addition
170
$2,040.00
Homefinder Realty
Lot 1 of Armstrong Addn.
61
$ 732.00
Jose C. Montemayor
Lot IA of Armstrong Addn.
57.8
$ 693.80
Fredrick Thornberry
Lots 2 & 3 of Armstrong Addn.
115.6
$1,387.20
Martin Hsieh
Lot 4 of Armstrong Addn.
57.8
$ 693.80
Charles H. Freeman
Lot 5 of Armstrong Addn.
57.8
$ 693.80
Raymond Schoppe
Lots 6 & 28.4' of 7
of Armstrong Addn.
86.2
$1,034.40
Chu Chin Chen
Lots 8 & 112 of 7 of
Armstrong Addn.
87.2
$1,046.40
Celia A. Wisnieski
Lot 9 of Armstrong Addn.
60
$ 720.00
Larry J. Wisnieski
Lot 10 of Armstrong Addn.
60
$ 720.00
U -Haul of Houston
Lot 11 of Armstrong Addn.
147
$1,764.00
-4-
tD3z3(?
?r Ordinance No. 1215
PEYTON STREET
Mrs. Ethel Banks
James R. Williams
Ozden Okuruz
Leland A. Carlson
George P. Cerda
William A. Bryant
William Abrahamson
Lucille Young
Johnnie Sanders
Mrs. Gertrude Love
Mrs. Ethel Banks
Robert Carle
W. E. Crenshaw
Vincent W. Anderson
Lot 1 Block 5 of
Prairieview Hiehgts
Lot 3 Block 5 of
Prairieview Heights
Lot 4 Block 5 of
Prairieview Heights
Lot 5 Block 5 of
Prairieview Heights
Lot 6 Block 5 of
Prairieview Heights
Lot 7 Block 5 of
Prairieview Heights
Lot 8 Block 5 of
Prairieview Heights
Lot 9 Block 5 of
Prairieview Heights
Lot 10 Block 5 of
Prairieview Heights
Lot 11 Block 5 of
Prairieview Heights
Lot 24 Block 4 of
Prairieview Heights
Lot 22 Block 4 of
Prairieview Heights
Lot 21 Block 4 of
Prairieview Heights
Lot 20 Block 4 of
Prairieview Heights
80
50
50
50
50
50
50
50
50
85
80
50
50
50
$ 960.00
$ 600.00
$ 600.00
$ 600.00
$ 600.00
$ 600.00
$ 600.00
$ 600.00
$ 600.00
$1,020.00
$ 960.00
$ 600.00
$ 600.00
$ 600.00
-5-
03231
r
Ordinance No. 1215
Annette Redell
Bill Gilbert, Jr.
Gary Lynn Smith
David L. Sefton
Howard Chamberlain
W. T. Gilbert
Garland Cannon
Wm. P. Kuvlesky
Lucian M. Morgan
Woodson Lumber Co.
Geraldine Hester
Annie M. Harris
John G. Otts
Ronald Cruse
Thelman Harris
r Burnest Hines
Lot 19 Block 4 of
Prairieview Heights
Lot 18 Block 4 of
Prairieview Heights
Lot 17 Block 4 of
Prairieview Heights
Lot 16 Block 4 of
Prairieview Heights
Lot 15 Block 4 of
Prairieview Heights
Lot 14 Block 4 of
Prairieview Heights
THOMAS STREET
Lot 3 of Dulaney Addn.
Lot 5 of Dulaney Addn.
South 100' of Lot 8 Block
4 of Woodson Village Subd.
Lots 21 and 1 through 6, Block
8 of Woodson Village Subd.
STERLING STREET
Lots 17 through 20 of
Richards Addition
SW 55' of Lot 55 Block 1
of Richards Addition
Lots 52C, 55B -58B & 42.1'
of 58 Block 1 of Richards
Addition
Lots 53 & 59 & 4' of 63
& 64 Block 1 of Richards
Addition
Lots 61, 62 & 100' of 63
Block 1 of Richards Addn.
Lots 39 -42 Block 2 of
Richards Addition
-6-
50
50
50
50
50
85
63
56
90
100
212
432
55
542.10
229.0
332.1
412.8
$ 600.00
$ 600.00
$ 600.00
$ 600.00
$ 600.00
$1,020.00
$1,134.00
$ 607.50
$1,200.00
$2,544.00
$5,184.00
$ 660.00
$7,105.20
$3,588.00
$3,985.20
$4,953.60
()3232
Ordinance No.1215
Elester Hines Lots 37 � 38 , Block 2
of Richards Addition 206.4 $2,476.80
When more than one person, firm or corporation owns an interest in any
property above described, each said person, firm or corporation shall be personally
liable 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 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 improvements 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.
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 percent
(8%) per annum, together, with reasonable attorney's fees and costs of collection,
if incurred, are hereby declared to be made and a lien upon 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 assess-
ment at any time before maturity by paying prinicipal and interest accrued to date
of payment, provided further that if default be made in 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 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 be made in the payment of
010 -7- 03 *004
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Ordinance No. 1215
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 if the City of College Station,
or its assigns, payment of said sums shall be enforced by 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 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
improvements 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 substantially that if default
shall be made in payment of such assessments, 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- 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 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
34
-8-
Ordinance No. 1215
M
LM
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 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 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 improvements be preceeded 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 an an emergency
measure and be in force and effect immediately from and after its passage.
PASSED AND APPROVED this 10th day of April 1980.
ATTEST:
City Secretary
APPROVED:
Mayo A�
X235