HomeMy WebLinkAbout1967-0524 - Ordinance - 06/12/1967ORDINANCE NO. 524
THE STATE OF TEXAS
COUNTY OF BRAZOS
2_
On this 12th day of June, 1967, 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, and a quorum thereof, to wit:
0. M. Holt Mayor pro tem
A. L. Rosprim Councilman
A. P. Boyett Councilman
B. J. Cooley Councilman
Homer B. Adams Councilman
R. R. Rhodes Councilman
Don Dillon City Attorney
being present and passed the following ordinance:
AN ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR A PART OF THE COST OF
IMPROVING PORTIONS OF WINDING ROAD, LANGFORD STREET, FIRST STREET, PARK PLACE
STREET, LIVE OAK STREET, SPRUCE STREET, KERRY STREET AND NORTH WALTON DRIVE 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 Boyett and seconded by Councilman Rhodes
that the following ordinance be passed and approved.
AN ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR A PART OF THE COST OF
IMPROVING PORTIONS OF WINDING ROAD, LANGFORD STREET, FIRST STREET, PARK PLACE
STREET, LIVE OAK STREET, SPRUCE STREET, KERRY STREET AND NORTH WALTON DRIVE 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
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 Winding Road described as follows:
Commencing at the intersection of Winding Road and Caudill Street thence in a
northeasterly direction along Winding Road until same intersects Langford Street;
and
01325
All that certain portion of Winding Road described as follows:
Commencing at the intersection of Winding Road and South Dexter Drive thence in
a southeasterly direction along Winding Road until same intersects County Road;
and
All that certain portion of Langford Street described as follows:
Commencing at the intersection of Langford Street and Winding Road thence in a
northwesterly direction along Langford Street until same intersects Orr Street;
and
All that certain portion of First Street described as follows:
Commencing at the intersection of First Street and Patricia Street thence in a
northwesterly direction along First Street until same intersects the city limits;
and
All that certain portion of Park Place Street described as follows:
Commencing at the intersection of Park Place Street and Lee Avenue thence in a
southwesterly direction along Park Place Street until same intersects South
Dexter Drive; and
All that certain portion of Live Oak Street described as follows:
Commencing at the intersection of Live Oak Street and Highway No. 6 thence in a
northeasterly direction along Live Oak Street until same intersects Turner
Street; and
All that certain portion of Spruce Street described as follows:
Commencing at the intersection of Spruce Street and First Street thence in a
northeasterly direction along Spruce Street until same intersects Boyett Street;
and
All that certain portion of Park Place Street described as follows:
Commencing at the intersection of Park Place Street and alley between Timber
Street and Lee Avenue thence in a southwesterly direction along Park Place
Street until same intersects Lee Avenue; and
All that certain portion of Kerry Street described as follows:
Commencing at the intersection of Kerry Street and Fairview Avenue thence in a
northeasterly direction along Kerry Street until same intersects West Dexter
Drive; and
All that certain portion of North Walton Drive described as follows:
Certain portions of North Walton Drive abutting Lots 4 through 11, Block 1,
College Hills Estates.
After due advertisement for bids such buds 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 pur-
pose of such hearing was given, and said hearing held at the time and place fixed
therefor; to wit:
01326
On the 12th day of June, 1967, 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
rectification were corrected and rectified and the City Council finds, as herein
ordained, that such hearing should be closed said protests disposed of and
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 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 pro-
vided 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 herein 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 COUNCIL OF THE CITY OF COLLEGE
STATION, TEXAS:
I
A11 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.
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 abut-
ting 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 ordi-
nance 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.
01327
111
That there shall be and is hereby levied and assessed against 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
parcels of property; the description of such property, the several amounts
assessed against same, and the owners thereof, being as follows, to wit:
Name of Owner
Dick B. Haddox
Mayne D. Laster
Raymond V. Hite
John F. Griffith
Andrew H. Layman
Billy F. Ireck
Robert J. Butler
Robert M. Richardson
Marion C. Pugh
James R. Jones
Edward Uvacek, Jr.
Earl S. Webb
W & W General Contractors
Leigh H. Fate
Glen G. Eimann
Ernest Langford
Nat Kieffer
Loyd B. Keel
N. D. Durst
Randolph Stelley
Description
No, of
Front Feet
Amount
Lot Pt. 1, Block 5
Southeast College Park 234. $702.00
Lot Pt. 1 & 7, Block 5
Southeast College Park 105. 315.00
Lot 8, Block 5
Southeast College Park 92.2 276.60
Lot 9, Block 5
Southeast College Park 100. 300.00
Lot 10, Block 5
Southeast College Park 100. 300.00
Lot 11, Block 5
Southeast College Park 100. 300.00
Lot 5, Block 3
Southeast College Park 100. 300.00
Lot 6, Block 3
Southeast., College Park 100. 300,00
Lot 7, Block 3
Southeast College Park 74.2 222.60
Lot 8, Block 3
Southeast College Park 80. 240.00
Lot 9, Block 3
Southeast College Park 80. 240.00
Lot 10, Block 3
Southeast College Park 86.3 258.90
Lot 11, Block 3
Southeast College Park 100. 300.00
Lot 12, Block 3
Southeast College Park 100. 300.00
Lot 13, Block 3
Southeast College Park 100. 300.00
Lot 1, Pt. 2, Block 10
Knoll 116.5 349.50
Lot Pt. 2, Block 10
Knoll 120, 360.00
Lots Pt. 2, Pt. 3,
Block 10, Knoll 75. 225.00
Lots Pt. 3, Pt. 4,
Block 10, Knoll 110. 330.00
Lots Pt. 4, Pt. 5,
Block 10, Knoll 135. 405.00
01328
Name of Owner
James R. Martin
F. W. Hensel, Jr.
L. L. Palmer
J. B. Hervey
Donald E. Walsh
Melvin Eisner
J. E. Oliver
James G. Mitchell
Martin McBride
W. E. Burch, Jr.
E. B. Doran
T. R. Holleman
L. Dale Webb
Jane M. Emerick
Richard Wainerdi
J. G. McGuire
D. L. Brown
Don Dale
James R. Brown
Rosa E. Spriggs
U. D. Havelka
George E. Potter
J. Q. Anderson
I. G. Adams
C. H. Chaney
Description
Lot Pt. 5, Block 10
Knoll
Lot Pt. 6, Block 10
Knoll
Lot Pt. 6, Block 10
Knoll
Lot 13, Block 9
Knoll
Lot 14, Block 9
Knoll
Lot 15, Block 9
Knoll
Lot 16, Block 9
Knoll
Lot 17, Block 9
Knoll
Lot Pt. 18, Pt. 19,
Block 9, Knoll
Lot Pt. 18, Pt. 19,
Block 9, Knoll
Lot 1, Block 9
Knoll
Lot 2, Block 9
Knoll
Lot 3, Block 9
Knoll
Lot 4, Block 9
Knoll
Lot 1, Block 11
Knoll
Lot 2, Block 11
Knoll
Lot 3, Pt. 4, Block 11
Knoll
Lot Pt. 4, Pt. 5,
Block 11, Knoll
Lot 5, Block 4
College Park
Lot 4, Block 5
College Park
Lot 7, Block 6
College Park
Lot 1, Block 6
College Park
Lot 1, Block 7
College Park
Block Pt. 8A
College Park
Block Pt. 8A
College Park
No. of
Front Feet Amount
140. $420.00
168.55 505.65
168.55 505.65
260. 780.00
101. 303.00
157. 471.00
153.1 459.30
74.7 224.10
110.3 330.90
100.9 302.70
340.8 1,022.40
100. 300.00
101.5 304.50
101.2 303.60
103. 309.00
142. 426.00
150.75 452.25
152.05 456.15
125. 375.00
110. 330.00
125. 375.00
110. 330.00
125. 375.00
100. 300.00
137.5 412.50
01333
Name of Owner
Wayne Allen
C. B. Edwards
G. W. Adriance
C. H. Ransdell
W. A. Varvel
Allen L. Stacell
John B. Smith
T. R. Timm
Peggy Campbell Owens
J. W. Mitchell
J. C. Gaines
D. E. Dillon
R. M. Owens
C. B. Campbell, Jr.
F. W. Gould
E. H. Fenner
H. L. Morton
W. H. Taylor
Chester A. O'Donnell
Sanford J. Ritchey
Jack Boyett
A. W. Wortham
N. K. Boyett Estate
A. W. Wortham
Description
Block Pt. 8A
College Park
Lot Pt. 1, Block 8
College Park
Lot Pt. 1, Block 8
College Park
Lot 8, Block 8
College Park
Lot 5, Block 21A
College Park
Lot 6, Block 21A
College Park
Lot 20, Block 6
Oakwood
Lot 22, Block 6
Oakwood
Lot 38, Block 5
Oakwood
Lot 20, Block 5
Oakwood
Lot 33, Block 4
Oakwood
Lot 16, Block 4
Oakwood
Lots 1 & 2, Block 7
Oakwood
Lots 3 & 4, Block 7
Oakwood
Lots 5 & 6, Block 7
Oakwood
Lots 8 & 9, Block 7
Oakwood
Lots 10 & 11, Block 7
Oakwood
Lots 12 & 13, Block 7
Oakwood
Lot 32, Block 3
Oakwood
Lot 34, Block 3
Oakwood
Lot 14, Block 14
Boyett
Lot 15, Block 14
Boyett
Lot 16, Block 14
Boyett
Lot 17, Block 14
Boyett
No. of
Front Feet Amount
202.65 $607.95
100. 300.00
90. 270.00
120. 360.00
125. 375.00
125. 375.00
146.33 438.99
146.33 438.99
145. 435.00
145. 435.00
145. 435.00
145. 435.00
100. 300.00
100. 300.00
100. 300.00
100. 300.00
100. 300.00
100. 300.00
153. 459.00
153. 459.00
63.2 189.60
60. 180.00
60. 180.00
63.2 189.60
01330
Name of Owner
Norma S. Boyett Hendler
0. M. Holt
Brazos County Dev. Corp.
Brazos County Dev. Corp.
Brazos County Dev. Corp.
Royce J. Jones
Royce J. Jones
Royce J. Jones
Jack Boyett
Jack Boyett
A. W. Wortham
City of College Station
Curtis Bullock
Claude E. Boyett
J. B. Hervey
J. B. Hervey
J. B. Hervey
Ima B. Higgins
Jack Boyett
Anna Bess Boyett Reed
Eric Brummer
Guy Boyett
Donald Lamar
Donald Lamar
Dorothy Johnson Lusk
Description
No. of
Front Feet Amount
Lot 1, Block 16
Boyett 50. $150.00
Lot 2, Block 16
Boyett 50. 150.00
Lot 3, Block 16
Boyett 50. 150.00
Lot 4, Block 16
Boyett 50. 150.00
Lot 5, Block 16
Boyett 56.4 169.20
Lot 1, Block 9
Boyett 50. 150.00
Lot 2, Block 9
Boyett 50. 150.00
Lot 3, Block 9
Boyett 50. 150.00
Lot 6, Block 10
Boyett 50. 150.00
Lot 5, Block 10
Boyett 50. 150.00
Lot 4, Block 10
Boyett 50. 150.00
Lot 22, Block 11
Boyett 50. 150.00
Lot 21, Block 11
Boyett 50. 150.00
Lot 20, Block 11
Boyett 50. 150.00
Lot 19, Block 11
Boyett 50, 150.00
Lot 18, Block 11
Boyett 50. 150.00
Lot 17, Block 11
Boyett 50. 150.00
Lot 16, Block 11
Boyett 50. 150.00
Lot 15, Block 11
Boyett 50. 150.00
Lot 14, Block 11
Boyett 50. 150.00
Lot 13, Block 11
Boyett 50. 150.00
Lot 12, Block 11
Boyett 50. 150.00
Lot 1, Block 12
Boyett 50. 150.00
Lot 2, Block 12
Boyett 50, 150.00
Lot 3, Block 12
Boyett 50. 150.00
01331
No. of
Name of Owner Description Front Feet Amount
William H. Burns
J. B. Hervey
M. Sid Clark
M. Sid Clark
0. M. Holt
A. P. Boyett
A. P. Boyett
A. P. Boyett
George Boyett
George Boyett
William T. Moore
William T. Moore
William T. Moore
William T. Moore
William T. Moore
Anna Bess Boyett Reed
Anna Bess Boyett Reed
A. W. Wortham
George Boyett
George Boyett
William C. Boyett
A. W. Wortham
A. P. Boyett
A. P. Boyett
Anna Bess Boyett Reed
Lot 4, Block 12
Boyett 50.
Lot 5, Block 12
Boyett 50.
Lot 6, Block 12
Boyett 50.
Lot 7, Block 12
Boyett 50.
Lot 8, Block 12
Boyett 50.
Lot 9, Block 12
Boyett 50.
Lot 10, Block 12
Boyett 50.
Lot 11, Block 12
Boyett 50.
Lot 14, Block 13
Boyett 50.
Lot 13, Block 13
Boyett 50.
Lot 12, Block 13
Boyett 50.
Lot 11, Block 13
Boyett 50.
Lot 10, Block 13
Boyett 50.
Lot 9, Block 13
Boyett 50.
Lot 8, Block 13
Boyett 50.
Lot 1, Block 14
Boyett 50.
Lot 2, Block 14
Boyett 50.
Lot 3, Block 14
Boyett 50.
Lot 4, Block 14
Boyett 50.
Lot 5, Block 14
Boyett 50.
Lot 6, Block 14
Boyett 50.
Lot 7, Block 14
Boyett 50.
Lot 8, Block 14
Boyett 50.
Lot 9, Block 14
Boyett 50.
Lot 10, Block 14
Boyett 50.
150.00
150.00
150.00
150.00
150.00
150.00
150.00
150.00
150.00
150.00
150.00
150.00
150.00
150.00
150.00
150.00
150.00
150.00
150.00
150.00
150.00
150.00
150.00
150.00
150.00
0133
C%)
Name of Owner
Gladys Boyett Carroll
N. P. Ward
N. K. Boyett Estate
Jack Boyett
N. K. Boyett Estate
N. K. Boyett Estate
N. K. Boyett Estate
J. N. Burditt & L. E. Winder
J. N. Burditt & L. E. Winder
Jessie Boring
Jack Boyett
Jack Boyett
Jack Boyett
Norma Sue Boyett Hendler
Joseph Konecny
Madeline Holland
Curtis E. Lusk
William H. Rose
Joseph J. Gautreaux
Alfred Kortis
E. W. Hawley
E. G. Martinez
Area Progress Corp.
D. L. Lewis
0. C. Pechacek
R. L. Schwebel
Lewis E. Fair
Description
Lot 11, Block 14
Boyett
Lot 12, Block 14
Boyett
Lot 13, Block 14
Boyett
Lot 14, Block 14
Boyett
Lot 20, Block 15
Boyett
Lot 19, Block 15
Boyett
Lot 18, Block 15
Boyett
Lot 17, Block 15
Boyett
Lot 16, Block 15
Boyett
Lot 15, Block 15
Boyett
1/3 Acre, Boyett
1/3 Acre, Boyett
1/3 Acre, Boyett
Lot 1, Block 16
Boyett
Lots 1, 2, 3, Pt. 4,
Block E, College Vista
Lots Pt. 4, Pt. 5,
Block E, College Vista 75.
Lots Pt, 5, Pt. 6,
Block E, College Vista 60.
Lots Pt. 6, 7, Block E
College Vista 60.
Lots 8, Pt. 9, Block D
College Vista 55.
Lots Pt. 9, Pt. 10,
Block D, College Vista 60.
Lots Pt. 10, 11,
Block D, College Vista 85.
Lots 12, Pt. 13,
Block D, College Vista 60.
Lots Pt. 13, 14,
Block D, College Vista 90.
Lot 6, Block C
College Vista 65.
Lot 7, Block C
College Vista 55.
Lot Pt. 8, Block C
College Vista
Lots Pt. 8, Pt. 9,
Block C, College Vista 57.
No. of
Front Feet
50.
50.
50.
100.
50.
50.
50.
50.
50.
78.9
66.1
66.1
66.1
150.
155.
51.9
Amount
150.00
150.00
150.00
300.00
150.00
150.00
150.00
150.00
150.00
236.70
198.30
198.30
198.30
450,00
465.00
225.00
180,00
180.00
165.00
180.00
255.00
180.00
270.00
195.00
165.00
155.70
171.00
01333
Name of Owner
Forest Wyman Lewis
Joe F. Matous
Raymond H. Leidig
Michael Paul Anderson
Alma Holder Todd
Francis W. Strenger
A. L. Rosprim
Norman Beal
B. M. Cooley
M. M. McLennan
T. 0. Walton
B. B. Scasta
Emmett G. Kelley
Allister Waldrop (Agent)
J. C. Culpepper
J. C. Culpepper
J. C. Culpepper
Description
Lots Pt. 9, 10,
Block C, College Vista
Lot 1, Block F
College Vista
Lot 2, Block F
College Vista
Lot 3, Block F
College Vista
Lot 4, Block F
College Vista
Lot 5, Block F
College Vista
Lot 26, D. A. Smith
Lots Pt. 25, Pt. 30,
D. A. Smith
Lot Pt. 31, D. A. Smith
Lot Pt. 30, D. A. Smith
Lot 4, Block 1
College Hills
Lots 5, 6, Block 1
College Hills
Lot 7, Block 1
College Hills
Lot 0, Block 1
College Hills
Lot 9, Block 1
College Hills
Lot 10, Block 1
College Hills
Lot 11, Block 1
College Hills
//
No. of
Front Feet Amount
61.1 0103.30
60. 100.00
55. 165.00
55. 165.00
55. 165.00
65. 195.00
399. 1,197.00
676.9 2,031.70
400. 1,200.00
122.1 366.30
150. 900.00
100. 600.00
50. 300.00
50. 300.00
50. 300.00
50. 300.00
60. 360.00
Where more than one person, firm or corporation owns 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 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 improve-
ments 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 any wise 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.
01334
IV
l
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 (g%) per annum, together with 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 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 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 pay-
ment 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,
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 certificate 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 descrip-
tion 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
01335
/3
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 certif-
icates 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 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 fur-
ther 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 con-
tain 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.
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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 any wise 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 evi-
dence 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 improvemtns 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,
and such rules are accordingly suspended and this ordinance is passed as and shall
take effect and be in force and effect immediately from and after its passage.
PASSED AND APPROVED this the 12th day of June, 1967.
APPROVED:
Mayor
ATTEST:
City Secretary
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