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HomeMy WebLinkAbout1971-0732 - Ordinance - 03/22/1971ORDINANCE NO. 732 AN ORDINANCE DETERMING TO ASSESS A PART OF THE COST OF IMPROVING PORTIONS OF BURT STREET, SUFFOLK AVENUE, PATRICIA STREET, SPRUCE STREET, LUTHER STREET AND MONTCLAIR AVENUE IN THE CITY OF COLLEGE STATION, TEXAS AGAINST ABUTTING PROPERTY AND THE OWNERS THEREOF, ADOPTING ENGINEERIS ROLLS, PROVIDING FOR NOTICE OF HEARING, AND DE- CLARING AND EMERGENCY. 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 Burt Street described as follows: Commencing at the intersection of Burt Street and Pershing Avenue;Thence in a southwesterly direction along Burt Street until same intersects Suffolk Avenue;and All that certain portion of Suffolk Avenue described as follows: Commencing at the intersection of Suffolk Avenue and Pershing Avenue; Thence in a southeasterly direction along Suffolk Avenue until same intersects Park Place;and All that certain portion of Patricia Street described as follows: Commencing at the intersection of Patricia Street and First Street; Thence in a northeasterly direction along Patricia Street until same intersects College Main;and All that certain portion of Spruce Street described as follows: Commencing at the intersection of Spruce Street and Boyett Street; Thence in a northeasterly direction along Spruce Street until same intersects College Main;and All that certain portion of Luther Street described as follows: Commencing at the intersection of Luther Street and F.M. 2154; Thence in a north- easterly direction along Luther Street until same intersects Highlands Street;and All that certain protion of Montclair Avenue described as follows: Commencing at the intersection of Montclair Avenue and Luther Street; Thence in a Southeasterly direction along Montclair Avenue until same terminates in a cul-de-sac; and The improvements to Burt Street, Suffolk Avenue, Luther Street, Spruce Street and Montclair Avenue shall consist of a six (6) inch compact depth limestone balsc with a one (1) inch plant mix surfacing, or a fo>>r (4) Inch black base and a one (1) inch plant mix surfacing with concrete curbs to a width, measured from back to back of 28 feet, as provided in said plans and specifications; and The improvements to Patricia Street shall consist of a six (6) inch compact depth limestone base with a one (1) inch plant mix surfacing, or a four (4) inch black base and a one (1) inch plant mix -surfacing with concrete curbs to a width, measured from back to back of 25 feet, as provided in said plans and specifications; and WHEREAS, the City of College Station has entered into a contract with Young Brothers Contractors, Inc. of Waco, Texas in the amount of $71,713.15 for the im- provements of said Burt Street, Suffolk Avenue, Patricia Street, Spruce Street, Luther Street, and Montclair Avenue, and the City Engineer has prepared and filed rolls or statements concerning the improvements and assessments therefor; and Ordinance No. 732 Page 2. 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 WHEREAS, the present condition of such streets and places &-ndange-tsthe 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 and emergency: THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF 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 and 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 Sesseion, Chapter 106, Page 489, as amended, commonly known as Article 1105-B, Revised Civil Statutes of Texas. we Said rolls:or statements be and the same are hereby adopted and approved. Pose 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 state- ments being as follows: to -wit: No. of Name of Owner Description Front Feet Amount Helen S. Martin Blk 1, Lot 6-Boyett Addn. 83.50 $334.00 Oran H. Boyett Blk 1,Lot 7 (59.151) Blk 1,LotPt.of8 (37.5l)-Boyett 96.65 386.60 N. K. Boyett B1k.1,Lot 10.521 of 8 Blk. 1,Lo1- 10. 52 1 of 9-Boyett 21.04 84. 16 A. P. Boyett Blk. 1,Lot 40.00' of 9 B1k.1,Lot 25 (30.231)-Boyett 70.23 280.92 A. P. Boyett Jr. B1k•1,Lot 10-Boyett 50.00 200.00 Jack Boyett Blk•1, 10.1t of 27 Blk. 1, 12.5" of 11-Boyett 22.60 90.40 L. B. Lindley Blk. 1, 12.5t of 11-Boyett 12.50 50.00 A. P. Boyett & Blk. 1, 25t of 11 N. K. Boyett Blk. 1, Lot 12 (75.0')-Boyett 100.00 400.00 Ordinance No. 732 Page 3 No. of Name of Owner Description Front Feet Amount Mrs. Ernest Seeger Est. Blk. 1, Lot 13, 15,16-Boyett 234.72 938.88 Jesse V. Henton B1k.1,Lot 14-Boyett 162.20 648.80 Marie Boyett Dooley Blk.1, Lot 21,22-Boyett 60.46 241.84 Frank Kahan & J. B. Lauterstein Blk.l,Lot 23-Boyett 30.23 120.92 Guy F. Boyett B1k.1,Lot 24-Boyett 30.23 120.92 Norma Sue Boyett Hendler B1k.1,Lot 26-Boyett 30.23 120.92 Lynwood Boyett Blk.1, Lot10.1eof27-Boyett 10.1 40.40 William G. Boyett Blk.1,Lot28-Boyett 30.23 120.92 R. S. Jones B1k.9,Lot1-Boyett 146.4 585.60 Christian Science Church B1k.9,Lot 6-Boyett 146.4 585.60 N. K. Boyett Pt.ofBlk.8-Boyett 20.0 80.00 T. Taylor & W. T. Moore Pt.ofBlk.8-Boyett 102.51 ._ 410.04 Mrs. W. 0. Reed B1k.1,Lot 10.11 of 27 Pt. of Blk.8(17.01) - Boyett 27.1 108.40 Lynwood Boyett Pt.of Blk.8-Boyett 17.0 68.00 A. P. Boyett Pt.of B1k.8-Boyett 194.7 778.80 John R. Eble B1k.A,Lot3-W.Park-2nd Addn. 130.0 520.00 Elizabeth Ann Stone Blk.A,Lot4-W.Park-2nd Addn. 50.0 200.00 Gilbert Sanchez B1k.A,Lot5-W.Park-2nd Addn. 50.0 200.00 H. E. Burgess Blk.A,Lot6-W.Park-2nd Addn. 50.0 200.00 Bardin Nelson B1k.A,Lot7 & 8-W.Park-2nd Addn. 148.2 592.80 Kenneth R. Norton B1k.A,Lotll-W.Park-2nd Addn. 130.0 520.00 Joy L. O'Bannon B1k.B,Lot3-W.Park -2nd Addn. 157.5 630.00 Herbert Hearne Blk. B,Lot6-W.Park-2nd Addn. 157.5 630.00 Hrdlicka Estate Tract,Ed Hrdlicka Est. 302.3 1,209.20 Southgate Village Apts. Tract, -Ed Hrdlicka Est.. 649.0 20596.00 � :.s Ordinance No. 732 Page 4 No. of Name of Owner Description Front Feet Amount Bardin H. Nelson Tract,Ed Hrdlicka E'st. 60.0 240.00 Marion Pugh Tract,Ed Hrdlicka Est. 50.0 200.00 J. Wheeler Barger B1k..1,Lot11-S.Oakwood 140.0 560.00 Mrs. E. B. Reynolds B1k.5,Lot1-S.Oakwood 116.0 464.00 J. G.Gay B1k.5,Lot21-S.Oakwood 176.0 704.00 John W. Barnes B1k.5,Lot22 & Zof 23-S.Oakwood 75.0 300.00 Roger*.V. Garrison B1k5,LotZof23,245, Zof25 - S.Oakwood 100.0 400.00 Joseph J. McGraw B1k.5,Lot2of25,26-S.Oakwood 75.0 300.00 Clifton E. Anderson B1k.51,Lot27 & 28-S.Oakwood 100.0 400.00 A. C. Magee B1k.5,Lot30,31, & Zof32 - S.Oakwood 125.0 500.00 Paul A. Boatwright B1k5,Lot2of32,33 & Zof34-S.Oakwood 100.0; 400.00 John Holcomb B1k.5,Lot2of34,35, & Zof36-S.Oakwood 100.0 400.00 Peggy Campbeill. Owens B1k.5,Lot2of36,37,&38-S.Oakwood 125.0 500.00 Joe T. Sanders B1k.5,Lot30'of1-S.Oakwood 30.0 120.00 Lee J. Martin B1k.5,Lot45'of1-S.Oakwood 45.0 180.00 H. E. Hill B1k.6,Lot45!of3 & 451of4-S.Oakwood 90.0 360.00 Phillip B. Goode B1k.6,Loto5lof4,5, & 10tof6-S.Oakwood 65.0 260.00 Sandra J. Datshkovsky B1k.6Lot40lof6,7,&10tof8-S.Oakwood 100.0 400.00 C. Mitchell B1k.6,Lot40'of8,9,10-S.Oakwood 140.0 560.00 R. C. Bell B1k.6,Lot12,131 & Zof14-S.Oakwood 125.0 500.00 Mrs. W. L. Hughes B1k.6,Lot2of14,15, & Zof 16-S.Oakwood 100.0 400.00 C. A. Roeber B1k.6,Lot2of16,17, & Zof18 - S.Oakwood 100.0 400.00 0191 7 Ordi.nanc�e No. 732 Name of Owner John B. Smith Elizabeth Boyett Jack Boyett Pieter Groot N. K. Boyett Robert T. White W. A. Boyett R.Price Lynwood Boyett Elizabeth Boyett R. B. Hickerson C. C. Doak Clifton E. Anderson A. C. Magee Luther G. Jones Lee Cash Description B1k6,Lot2of18,19,20-S.Oakwood B1k.185,Lot3 -Boyett B1k.18,Lot4 -Boyett B1k.18,Lot5&6 -Boyett B1k.18,Lot7&8 -Boyett B1k.18,Lot9&10 -Boyett B1k.18,Lot11 -Boyett B1k.17,Lot1 -Boyett B1k.175,Lot2,3,4,5,6,&7 -Boyett B1k.17,Lot8&9 -Boyett B1k.5,Lot10-S.Oakwood B1k.5,Lot12-S.:Oakwood B1k.55,Lot28-S.Oakwood B1k.5,Lot30-S.Oakwood Tract - C. Burnett Survey Tract - C. Burnett Survey Page 5 No. of Front Feet Amount 125.0 500.00 90.0 360.00 50.0 200.00 100.0 400.00 100.0 400.00 100.0 400.00 125.0 500.00 65.0 260.00 300.0 11200.00 175.0 700.00 145.0 580.00 145.0 580.00 145.0 580.00 145.0 580.00 1083.0 41332.00 100.0 400.00 Ordinance No. 732 Page 6. 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 proporation as 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 26th day of April, 1971, 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 anywise 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 mistake, 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 apportion- ment 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 anywise 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, irreg-,. ularity 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 anywise 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 by 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 anywise interested or affected may subpoena witnessess 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 sha1.1 be dLie 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 assessment shall be collectible to- gether 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 is in no wise affected by any fact or circumstance in connection with any other unit all to Ordinance No. 732 Page 7. the same extent and as fully as if entirely separate proceedings had separate hear- ings, 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 im- proved 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 of such hearing, and by such publication all owners of property abutting upon sAid streets and avenues, whether such owners be named herein or not and whether the property be correctly decribed herein or not, as well as to all others in anywise interested therein or to be affected thereby, shall be and are duely 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 assessment shall in anywise affect or invalidate such notice or any assessment levied pursusant 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 caus- ing a substantial copy of such published notice'to be mailed to each owner of pro- perty 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. Vill. The Present condition of said portions of streets and avenues endagers health and public safety, and it is necessary that the improvements thereof be proceeded with at once and while the weather will permits and such facts constitute and create and emergency and an urgent public necessity requiring that the rul'ess 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 22nd day of March 1971. APPROVED: Mayor Pro Tem ATTEST: t t Z Assistant City Secretary