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Home My WebLink About1989-1832 - Ordinance - 11/29/1989ORDINANCE NO. 1832 AN ORDINANCE CLOSING THE HEARING GIVEN TO THE REAL AND TRUE PROPERTY OWNERS ABUTTING UPON FIDELITY STREET BETWEEN FAIRVIEW STREET AND WELLBORN ROAD IN THE CITY OF COLLEGE STATION, TEXAS, AS TO SPECIAL BENEFITS TO ACCRUE TO SAID PROPERTY AND THE REAL AND TRUE OWNERS THEREOF BY VIRTUE OF THE IMPROVEMENT OF SAID STREET AND AS TO ANY ERRORS IN VALIDITIES OR IRREGULARITIES IN ANY OF THE PROCEEDINGS OVERRULING AND DENYING ALL PROTESTS AND OBJECTIONS OFFERED; FINDING AND DETERMINING THAT EACH PARCEL OF PROPERTY ABUTTING UPON SAID STREET, WITHIN THE LIMITS DEFINED, WILL BE SPECIALLY BENEFITED AND ENHANCED IN VALUE IN EXCESS OF THE AMOUNT OF THE COST OF SAID IMPROVEMENTS PROPOSED TO BE, AND AS ASSESSED AGAINST SAID PROPERTY, AND THE REAL AND TRUE OWNERS THEREOF, AND LEVYING AN ASSESSMENT FOR THE PAYMENT OF A PORTION OF THE COST OF IMPROVING SAID STREET, WITHIN SAID LIMITS DEFINED, FIXING A CHARGE AND LIEN UPON SAID PROPERTIES, AND THE REAL AND TRUE OWNERS THEREOF; ADOPTING THE ENGINEER'S ROLLS; AND PROVIDING FOR THE MANNER AND METHOD OF COLLECTION OF SAID ASSESSMENTS. WHEREAS, the City Council of the City of College Station, Texas, heretofore ordered on May 26, 1988, that the fol- lowing portion of a street in said city be improved by raising, grading, filling same, installing concrete curb and gutter and by paving and by installing sidewalks, 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 portion of said street being as follows, to -wit: Fidelity Street from Fairview Street to Wellborn Road, West Park Subdivision, Blocks 2, 3, 4, 5, 6, and 7, in the City of College Station, the College Park Subdivision, Block A and Block 9, Brazos County, Texas, all as shown on the map attached hereto as Exhibit A. WHEREAS, prior to the construction of the project the governing body prepared estimates of the costs of the improve- ments. WHEREAS, the City Council proposes to assess a portion of the cost of such improvements against the owners of the prop- erty abutting thereon and against such property; n.?/87 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS THAT: I. The City of College Station does hereby assess a por- tion 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, and Chapter 3, Section 5-M in the Code of Ordinances for the City of College Station. II. Said Engineer's Rolls or estimates be and the same are hereby adopted and approved as the amount to be assessed against the property owners. The several amounts proposed to be assessed against such parcels of property and the owners thereof are herein described in the letter from the Director of Capital Improvements as set out in Exhibit B, and that the assessments enhance the value of the abutting properties in an amount in excess of the cost of such improvements. 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 rats portion of the total assessment against such prop- erty in proportion as its, his or her respective interest bears to the total ownership of such property and its, his or her re- spective interest in such property may be released from the assessment lien upon payment of such proportionate sum. IV. A hearing has been held by and before the governing body of the City of College Station, Texas on this the 29th day of November, 1989, at 7:00 P.M. at the City Council Chambers of the City Hall of the City of College Station, Texas. Prior to -2- matters, testimony and objections considered at such hearing, the City Council has determined that the properties, and each and every parcel of said property abutting upon the street, have been enhanced in value and specially benefited by the construction of such improvements in an amount in excess of the amount of the cost of such improvements and are hereinafter assessed against each of said parcels of property abutting upon said street and the real and true owners thereof. There being no further protests or testimony for or against or in reference to said improvements, benefits or pro- ceedings, said hearing granted to the real and true owners of properties abutting upon said street and to all persons, firms, corporations, and estates owning or claiming same or any interest therein, shall be and the same is hereby closed and all protests and objections, whether specifically mentioned or not, shall be and the same are hereby overruled and denied. 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 upon completion and acceptance by the City. Payment of balances due may be made at any time, with payment of principal and interest accrued to date of payment. Repayment may be made over a period of not to exceed five (5) years, with repayment of principal and interest in equal quarterly installments and interest at the rate of eight percent (88) annually. The first installment shall be due and payable on or before the first day of the calendar quarter following the date of the completion and acceptance of the street or road im- provements by the City, and a like installment on or before said day and month of each quarter thereafter until the entire sum is paid. If any of the installments above shall become delinquent for more than thirty (30) days, and if the Director of Finance does not grant an extension of time for proper cause shown, then any balance remaining unpaid at the time shall become due and payable immediately and the City Attorney shall be authorized to take legal action to foreclose the lien. VI. The City Secretary of the City of College Station IS directed to give notice to the real owners of the property abutting upon the said portions of the street and to all others -3- "' / 89 interested, of the assessment levied and the amount thereof by publication in a newspaper published in and of general circula- tion in the City of College Station, Texas, and that further the City Secretary is to direct that notice be sent to each of the property owners of the assessment, the amount thereof, and the time in which it must be paid. 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. PASSED and APPROVED this 29th day of November, 1989. ATTEST: Dian Jon City Sec a ary APPROVED AS TO o aFORM: ' Cathy qfdefcke City Attorney -4- APPROVED: L 1 , a r ��57QI EXHIBIT "B" ENGINEERS ROLL I_ _ FIDELITY STREET - RFTWEEN WFI [BORN AND FAIRVIEW SIRFFTS _ 31-Oc T=89 OWNER/ADDRESS __ FRONTAGE ESTIMATED ASSESSMENT TOTAL ASSESSMENT DESCRIPTION OF TRACT LINEAR FEET S/L.F. JANNA MARIE KEEL* WESTPARK SUBDIVISION _ 600 MONTCLAIR _ COLLEGE STATION TEXAS 77840 BLOCK 2, LOT 1 600 MONTCLAIR 175.00 $12.96 S2,268 00 _ _ DAVID C. 8 PAMALA BURDICK WESTPARK SUBDIVISION 302 FIDELITY BLOCK 2 PT OF 2,394 85.00 S17.28 S1 468.80 COLLEGE STATION, TEXAS 77840 302 FIDELITY __ _ _S17_2_8_ T $17 28 _ S �24b 40 . _ _ 51,814 40 TIMOTHY R. MANNING _ _ _ _ _ 1106 GLADE WESTPARK SUBDIVISION B2, PT OF 2,384ID 0 FELITY _ 130.00 105.00 _ COLLEGE STATION, TEXAS 77840 -TOO MARTIN K. 8 NANCY TERRY 317 KYLE WESTPARK SUBDIVISION BLOCK 5 LOTS 182 COLLEGE STATION, TEXAS 77840 315 FIDELITY LESLIE H. COX WESTPARK SUBDIVISION P.O. BOX 9546 BLOCK 5, LOT 3825'OF4 1 75.00 $17.28 _ S1,296.00 COLLEGE STATION TEXAS 77840 311 FIDELITY ANNA JESSUP _ 707 TEXAS AVE. #113-E WESTPARK SUBDIVISION r BLOCK 5 LOT 5825'OF4 75.00 $17 28-1_ 1,29b.0O COLLEGE STATION TEXAS 77840 307 FIDELITY HELEN PUGH WESTPARK SUBDIVISION _ _ ___ 601 FAIRVIEW BLOCK 5, LOT o825'OF7 75.00 $17 28 _ _ S1_29b 00 COLLEGE STATION, TEXAS 77840 305 FIDELITY - MARK ALLEN COPPOCK WESTPARK SUBDIVISION 301 FIDELITY BLOCK 5, LOf 8825'OF7 75.00 $17.28 _ 51, 29e 00 COLLEGE STATION, TEXAS 77840 _ 1301 FIDELITY _ SUMMIT ENTERPRISES _ WESTPARK SUBDIVISION __ _ __ BLOCK_ 4, LOT 6830'OFS _ _ 72. 00 100 FIDELITY_ WESTPARK SUBDIVISION _ 28 _ 517 _ ___$1,244 16 S1,209 o0 _ $1, 209_ n0 P.O. DRAWER CM COLLEGE STATION, TEXAS 77841 EOWARD G. COOK _ _ _ 205 _GROVE COLLEGE STATION, TEXAS 77840 BLOCK 4, LOT 4820'_OF5 �_ _ 70._00 164 FIDELITY WESTPARK SUBDIVISION _ BLOCK 4 LOT 3820'OF2 70.00� 1106 FIDELITY _ S17_28 _ S17.28 JACK HERNANDEZ _ _ _ 1305 LANGFORD _ COLLEGE STATION, TEXAS 77840 OR A.B. CATHCART WESTPARK SUBDIVISION P.O. BOX 323 BLOCK 4 LOT 1830'OF2 80.00 $17 28 81,3E2.40 COLLEGE STATION TEXAS 77840 110 FIDELITY _ Al. PROPERTIES WESTPARK SUBDIVISION _ 4223 SHA CIRCLE BLOCK 7 LOT 4 110.00 $17 28 S1,900.80 PASADENA, TEXAS 77504 101 FIDELITY PAUL L. HICKMAN WESTPARK SUBDIVISION _ 103 FIDELITY ST. BLOCK 7, LOT 3825'OF2 80.00 $17.28 $1 382 40 COLLEGE STATION, TEXAS 77840 103 FIDELITY _ - — Page 1 �" .i^?_ ENHIRIT "Fill ENGINEERS ROLL L FInFI ITY STRFFI - nrTWFFN wriinnRN AND FAIRVIrw iTPrri, 31-Oct-87 OWNER/ADDRESS FRONTAGE DESCRIPTION OF TRACT LINEAR FEET E SIIMAIEO ASSESSMENT I S/L F. TOTAL ASSESSMENT JACK E. DE MUYNCH WESTPARK SUBDIVISION BLOCL 7, LOT 18301_OF2 _ 107 FIDELITY 85.00 _ 81,408 80 _ _ 107 FIDELITY ST _ _ _ S17 28 COLLEGE STATION, TEXAS 77840 CHARLES L. GREIFFENSTEIN WESTPARK SUBDIVISION _ FIT. 4 BOX 465A BLOCK 3 LOT 6825'OF5 200 FIDELITY 83.00 $1_7.28 51,434.24 _ BRENHAM, TEXAS 77833 BETTY FRY WESTPARK SUBDIVISION 6930 KENWNITE _ OALLAS, TEXAS 75231-5640 BLOCK 3, LOT 4825'OF5 _ 204 FIDELITY _ _ _ 75.00 _ S17_.2_8 51,296 0_0 _ DAVID 0. SHELBY WESTPARK SUBDIVISION _ 206 FIDELITY ST. BLOCK 3, LOT 3825'OF2 75.00 $17.28 81,206.00 COLLEGE STATION, TEXAS 77840 206 FIDELITY _-_ WILL SCHAEFFER JR. 210 FIDELITY ST. _ WESTPARN SUBDIVISION _ _ BLOCK 3, LOT 1825'OF2 83.00 517.28 $1,434 24 COLLEGE STATION, TEXAS 77840 210 FIDELITY O.D. BUTLER WESTPARA SUBDIVISION _ _ 83 00 75.00I 817 28 S17 28 I 51,434 21 I $1,296 00 _ 700 THOMAS BLOCK b LOT 6825'OF5 _ _ _ 201 FIDELITY WESTPARK SUBDIVISION BLOCK 61 LOi_4825'OF5 205 FIDELITY WESTPARK SUBDIVISION COLLEGE STATION, TEXAS 77840 MONTE P. TRINCKMANN 205 _FIDELITY __ _ COLLEGE STATION,__TEXAS 77840 JANE C. SCHAEFFER 4808 McCARTY BLOCA 6 3825'OF2 75.00 517.28 $1,296.00 _ AUSTIN, TEXAS 78749 _ _LOT _ 207 FIDELITY _ _ HARRY L. JONES WESTPARK SUBDIVISION 1900 COMAL CIRCLE BLOCK 6 LOT 1825'OF2 83.00 517.28 51,434.24_ COLLEGE STATION, TEXAS 77840 211 FIDELITY ERIC JOHN SCHULTE* COLLEGE PARK SUBDV. 601 MONTCLAIR BLOCK A LOTS 889 117.50 $12 96 1_ __ 51,522.8_0 COLLEGE STATION, TEXAS 77840 601 MONTCLAIR F-_ LAMBERT H. WILNES COLLEGE PARK SUBDV. _ S2,030.40 FIT. 5 BOS 1257 BLOCK A LOT 10835'OF11 _ IW.50 517.2_8 COLLEGE STATION, TEXAS 77845 600 FAIRVIEW _ LAIRD E. LAWRENCE• COLLEGE PARK SUBDIV. 500 FAIRVIEW BLOCK 9 LOTS 7,889 150.00 512.96 $1,944.00 COLLEGE STATION, TEXAS 77840 _ 500 FAIRVIEW MOORE 8 ASSOCIATES ETAL COLLEGE PARK SUBDIV. _ _-_- _ BLOC_A _9, LOTS 10811 100.00 S77 ?8 57, 7?5.00 413 MONTCLAIR_ _ reduction in assessment for side lot frontage without access 1224 W. MARTIN LUTHER KING BRYAN, TEXAS 77803 _ _ -NOTE: This property eligi6le for a 25X I T I Page 2