HomeMy WebLinkAbout1968-0584 - Ordinance - 07/22/1968ORDINANCE NO. 551
ORDINANCE DETERMINING TO ASSESS A PART OF THE COST OF IMPROVING PORTIONS OF
HIGHLANDS STREET, MONTCLAIR AVENUE, AYRSHIRE STREET, BELL STREET, NIMITZ STREET,
MUNSON AVENUE AND MARS'1ELLER AVENUE IN THE CITY OF COLLEGE STATION, TEXAS AGAINST
ABUTTING PROPERTY AND THE OWNERS THEREOF, ADOPTING ENGINEER'S ROLLS, PROVIDING
FOR NOTICE OF HEARING, AND DECLARING AN EMERGENCY.
WHEREAS, the City Council of the City of College Station, Texas, has hereto-
fore 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
Commencing at
southeasterly
and
All that
Commencing at
southeasterly
and
certain portion of Highlands Street described as follows:
the intersection of Highlands Street and Jersey Street thence in a
direction along Highlands Street until same intersects Luther Street;
certain portion of Montclair Avenue described as follows:
the intersection of Montclair Avenue and Jersey Street thence in a
direction along Montclair Avenue until same intersects Luther Street;
All that certain portion of Ayrshire Street described as follows:
Commencing at the intersection of Ayrshire Street and Jersey Street thence in a
southeasterly direction along Ayrshire Street until same intersects Bell Street; and
All that certain portion. of Bell Street described as follows:
Commencing at the intersection of Bell Street and Ayrshire Street thence in a north-
easterly direction along Bell Street until same intersects Hereford Street; and
All that certain portion of Nimitz Street described as follows:
Commencing at the intersection of Nimitz Street and Cooner Street thence in a south-
easterly direction along Nimitz Street until same intersects Sulphur Springs Road;
and
All that certain portion of Munson Avenue described as follows:
Commencing at the intersection of Munson Avenue and Francis Drive thence in a
northwesterly direction along Munson Avenue until same intersects Lincoln Avenue;
and
All that certain portion of Marsteller Avenue described as follows:
Commencing at the intersection of Marsteller Avenue and Woodland Parkway thence in
a southeasterly direction along Marsteller Avenue until same intersects Gilchrist
Avenue; and
All that certain portion of Marsteller Avenue described as follows:
Commencing at the intersection of Marsteller Avenue and Francis Drive thence in
a southeasterly direction along Marsteller Avenue until same intersects the creek.
The improvements to Highlands Street, Montclair Avenue, Nimitz Street, Munson
Avenue and Marsteller Avenue shall consist of a six (6) inch compact depth lime-
stone 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
01479
from back to back of 25 feet, as provided in said plans and specifications; and
The improvements to Ayrshire Street and Bell 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 $99,664.51 for the
improvements of said Highlands Street, Montclair Avenue, Ayrshire Street, Bell
Street, Nimitz Street, Munson Avenue and Marsteller Avenue, 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
WHEREAS, the present condition of such streets and places endangers the 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 an 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 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 Artilce 1105-B,
Revised Civil Statutes of Texas.
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:
Name of Owner Description No. of
Front Feet
John C. Vinson
Oscar J. Chancey
Lt. W. H. Kettler
Lot 8, Block 5,
West Park
Lot 2, 3, 25' of 4,
Block 2, West Park
Lot 29' of 4, 39' of 5,
Block 2, West Park
Amount
145.0 $435.00
135.7 407.10
68.0 204.00
01460
Name of Owner
Mrs. B. A. Hardaway
Carlos A. M. Maperan
Robert R. Lyle
James R. Kluth
Wilson A. Bradley
A. P. Boyett, Jr. &
Clyde J. Porterfield
Joel Goldman
Mary Nolley Brewster
Emil Mamaliga
Unitarian Fellowship
Douglas Royder
William L. Tomlinson
L. G. Jones
Will Schaefer, Jr.
Lawrence R. Vernon
Curtis Gray
Jackie A. Va.lerius
J. B. Nemec
Ran Boswell
Mrs. Alvin Moore
David H. Smyth
Henry A. Lampert
Hubert Hearne
Sul Ross Masonic Lodge
Leslie L. Palmer
John E. Danzeiser
Thomas G. Bradfield
Description
Lot 6, 7, 19'
Block 2, West
Lot 35' of 8,
Block 2, West
Lot 21' of 9,
Block 2, West
Lot 1, 1/2 of
Block C, West
Lot 1/2 of 2, 3,
Block C, West Park
Lot 1, Block 9,
West Park
Lot 7, 45' of 8,
Block 9, West Park
Lot 5' of 8, 9, 10,
Block 9, West Park
Lot 11, 12, Block 9,
West Park
Lot 13, 14, Block 9,
West Park
Lot 23, Block 9,
West Park
Lot 7, Block 6, West
Park
Lot 1, Block 6,
West Park
Lot 1, Block 3,
West Park
Lot 7, 20' of 8,
Block 3, West Park
Lot 30' of 8, 40' of
Block 3, West Park
Lot 10' of 9, 10, 10' of
11, Block 3, West Park
Lot 40' of 11, 23' of 12,
Block 3, West Park
Lot 27' of 12, 13,
Block 3, West Park
Lot 6, Block 1,
West Park
Lot 4, Block 1,
West Park
Lot 4, 1/2 of 5,
Block B, West Park
Lot 1/2 of 5, 6,
Block B, West Park
Lot 13, Block 8,
West Park
Lot 15, 1/2 of 16,
Block 8, West Park
Lot 1/2 of 16, 17,
Block 8, West Park
Lot 18, 1/2 of 19,
Block 8, West Park
of 8,
Park
33' of
Park
10,
Park
2,
Park
9,
9,
No. of
Front Feet
Amount
142.0 $426.00
68.0 204.00
77.0 231.00
75.0 225.00
74.7 224.10
100.0 300.00
96.9 290.70
105.0 315.00
100.0 300.00
100.0 300.00
150.0 450.00
150.0 450.00
145.0 435.00
122.7 368.10
70.0 210.00
70.0 210.00
70.0 210.00
63.0 189.00
77.0 231.00
120.0 360.00
120.0 360.00
75.0 225.00
74.7 224.10
100.0 300.00
76.9 230.70
75.0 225.00
75.0 225.00
0081
Name of Owner
Eldred E. Dayhoff
Marie T. Dunn
Mrs. John Ashton
Mary Ward
H. E. Burgess
Glen M. Rydl
James A. Colson
Mrs. R. L. Hunt
Dan R. Davis
0. C. Murphy
Gustav Reinhardt
W. R. Morrison
John E. Roche
William B. Shanks
William P. Yeager
Ralph E. Wilson
Mrs. Helen Archer
Aubrey Arnold
Vince Court
Bardin Nelson
Marion C. Pugh
W. J. Faulk
Fred Hnle
Lola Thompson
Mrs. C. D. Trail
Description
No. of
Front Feet
.Amount
Lot 1/2 of 19, 20,
Block 8, West Park 75.0 $225.00
Lot 21, 22,
Block 8, West Park 100.0 300.00
Lot 24, Block 8,
West Park 150.0 450.00
Lot 16, Block 5,
West Park 150.0 450.00
Lot 1, Block 8,
West Park 100.0 300.00
Lot 14, Block 8,
West Park 78.6 235.80
Lot 25, Block 8,
West Park 80.0 240.00
Lot 26, Block 8,
West Park 321.0 963.00
Lot 27, Block 8,
West Park 80.0 240.00
Lot 9, Block 5,
West Park 150.0 450.00
Lot 1, Block 5,
West Park 145.0 435.00
Lot 17, Block 2,
West Park 55.0 165.00
Lot 16, Block 2,
West Park 70.0 210.00
Lot 15, Block 2,
West Park 70.0 210.00
Lot 14, Block 2,
West Park 70.0 210.00
Lot 13, Block 2,
West Park 70.0 210.00
Lot 12, Block 2,
West Park 70.0 210.00
Lot 11, Block 2,
West Park 80.0 240.00
Lot 1, 2, & 3,
Block D, West Park 220.0 660.00
Lot 4, Block D,
West Park 70.0 210.00
Lot 1, Block 1,
College Park 120.0 360.00
Lot 1/2 of 14, 15,
Block 1, College Park 65.0 195.00
Lot 13, 1/2 of 14,
Block 1, College Park 75.0 225.00
Lot 12, Block 1,
College Park 50.0 150.00
Lot 11, Block 1,
College Park 50.0 150.00
01482
Name of Owner Description No. of
.Front Feet
Mrs. R. L. Hunt
H. S. Creswell
Carmon F. Tax
Aubry R. Rice
Kerfert Adams
L. A. Marek
Fletcher German
I. R. Adams
Elton Kahn
James W. Bassett
Mrs. Ann Baker
James B. Baty
C. H. Chaney
C. H. Ransdell
A. E. Denton
E. E. Vezey
Norman F. Rode
Frederick A. Gardner
V. E. Schember
Marshall M. Miller
John E. Reierson
John Q. Anderson
F. R. Jones
J. W. O'Brien
F. Merrill Ranck, Jr.
Lot 7, 8, Block 3,
College Park
Lot 5, 6, Block 3,
College Park
Lot 16, 17, Block 5,
College Park
Lot 1/2 of 14, 15,
Block 5, College Park
Lot 37.5' of 13, 1/2
of 14, Block 5,
College Park
Lot 12, 12.5' of 13,
Block 5, College Park
Lot 11, Block 9,
College Park
Lot 6, 7, 8, & 9,
Block A, College Park
Lot 25' of 4, 5,
Block A, College Park
Lot 49' of 2, 3, 25' of
4, Block A, College Park
Lot 1, 15' of 2, Block
A, College Park
.67 Ac. (Lot 12, Blk 2A)
College Park
Block 8-A,
College Park
Lot 50' of 7, 8,
Block 8, College Park
Lot 5, 6, 20' of 7,
Block 8, College Park
Lot 11, 12, Block 12,
College Park
Lot 9, 10, Block 12,
College Park
Lot 8, Block 12,
College Park
Lot 5, 6, & 7, Block 12,
College Park
Lot 2, 3, Block 2,
College Park
Lot 4, Block 2,
College Park
Lot 1, Block 7,
College Park
Lot 2, Block 7,
College Park
Lot 3, Block 7,
College Park
Lot 4, 5, Block 7,
College Park
Amount
110.0 $330.00
100.0 300.00
100.0 300.00
75.0 225.00
62.5 187.50
62.5 187.50
120.0 360.00
200.0 600.00
75.0 225.00
124.0 372.00
79.5 238.50
148.4 445.20
210.0 630.00
120.0 360.00
140.0 420.00
135.0 405.00
100.0 300.00
50.0 150.00
150.0 450.00
135.0 405.00
80.0 240.00
60.0 180.00
50.0 150.00
50.0 150.00
100.0 300.00
01463
Name of Owner
Mrs. E. S. McFadden
Walter S. Lang, Jr.
E. L. Harrington
Mike L. Bukowski
J. B. Blakeley
Claire Hugget
V. E. Schember
G. W. Schlesselman
Mrs. George E. Potter
L. A. Willingham
Mrs. E. M. Folschinsky
Mrs. George E. Potter
Clarence Lorenz
Elmo Newsome
Richard J. Zgaboy
Keith Cowan
Morris Thibodeaux
John L. Tucker
Gilbert Eimann
Larry Landry
R. G. Wiese
Carl Paradowski
Bruno J. Zwolinski
L. A. Maddox
B. C. Moore
Description
Lot 1, 20' of 2,
Block 11, College Park
Lot 50' of 2, 25' of 3,
Block 11, College Park
Lot 25' of 3, & 4,
Block 11, College Park
Lot 5, Block 11,
College Park
Lot 6 & 7, Block 11,
College Park
Lot 8, Block 11,
College Park
Lot 5, Block 12,
College Park
Lot 1 & 2, Block 19,
College Park
Lot 1, Block 4,
Cooner
Lot 5, Block 3,
Cooner
Lot 10, 12.5' of 11,
Block D,
College Heights
Lot 37.5' of 11, 25' of
12, Block D,
College Heights
Lot 25' of 12, 13, Block
D, College Heights
Lot 14, 25' of 15, Block
D, College Heights
Lot 25' of 15, 16, Block
D, College Heights
Lot 17, 18, Block D,
College Heights
Lot 6, Block B,
College Heights
Lot 5, Block B,
College Heights
Lot 4, Block B,
College Heights
Lot 3, Block B,
College Heights
Lot 75' of 2, Block B,
College Heights
Lot 5' of 2, 1, Block B,
College Heights
Lot 18, 19,
Woodland Acres
Lot 20,
Woodland Acres
Lot 21, 22,
Woodland Acres
No. of
Front Feet
Amount
85.0 $255.00
75.0 225.00
75.0 225.00
50.0 150.00
100.0 300.00
50.0 150.00
120.0 360.00
120.0 360.0o
158.0 474.00
158.0 474.0o
62.5 187.50
62.5 187.50
75.0 225.00
75.o 225.00
75.o 225.0o
117.5 352.50
75.o 225.0o
75.o 225.00
75.o 225.0o
75.o 225.00
75.0 225.00
92.5 277.50
300.0 900.00
150.0 450.00
300.0 900.00
01484
Name of Owner
D. D. Carter
T. D. Wilson
A. G. Kemler
H. E. Redmond
R. E. Basye
J. McNeal
Jimmy D. Boswell
Page Morgan
Woodson Lumber Company
Frank J. Konecny
Raymond D. Staten
Landon D. Wythe
I. M. Atkins
A. R. Burgess
James C. Gilmore
K. A. Manning
Donald W. McLain
Oleva L. & Donald D. McLain, Jr.
Milton Donald Shult, Jr.
A. B. Cathcart
Roy C. Fanguy
Cecil B. Ryan
Robert Hostetler
E. E. Ames
Robert Dale Thompson
Description
Lot 23,
Woodland Acres
Lot 24, 25, 158'
Woodland Acres
Lot 136.5' of 1,
Woodland Estates
Lot 10' of 1, 2,
Woodland Estates
Lot 3, 4, 5, 6,
Woodland Estates
Lot 7,
Woodland Estates
Lot 10' of 58, 59
College Hills Woodlands
Lot 60,
College
Lot 61,
College
Lot 62,
College
Lot 63,
College
Lot 64,
College
Lot 65,
College
Lot 66,
College
Lot 33,
College
Lot 34,
College
Lot 35,
College
Lot 36,
College
Lot 37,
College
Lot 38,
College
Lot 90'
College
Lot 41,
College
Lot 42,
College
Lot 43,
College Hills Woodlands
Lot 94.4' of 44,
College Hills Woodlands
of
26,
Hills
Hills
Hills
Hills
Hills
Hills
Hills
Hills
Hills
Hills
Hills
Hills
Hills
of 58
Hills
Hills
Hills
Woodlands
Woodlands
Woodlands
Woodlands
Woodlands
Woodlands
Woodlands
Woodlands
Woodlands
Woodlands
Woodlands
Woodlands
Woodlands
Woodlands
Woodlands
Woodlands
No. of
Front Feet
Amount
150.0 $ 450.00
458.0 1,374.00
136.5 409.50
211.6 634.50
807.8 2,423.40
202.2 606.60
90.0 270.00
60.0 180.00
80.0 240.00
80.0 240.00
80.0 240.00
80.0 240.00
80.0 240.00
120.0 360.00
80.0 240.00
80.0 240.00
90.0 270.00
90.0 270.00
120.0 360.00
300.0 900.00
90.0 270.00
51.0 153.00
80.0 240.00
80.0 240.00
94.4 283.20
01485
Name of Owner Description No. of
Front Feet
A. F. Isbell
Roy W. Hagler
Melvin J. Stiefel
J. C. Culpepper
Betty Jean Moore Sholly
Earl Cook
Lot 5' of 44, 45,
College Hills Woodlands 95.0
Lot 46, 35' of 47,
College Hills Woodlands 115.0
Lot 45' of 47, 48
College Hills Woodlands 135.0
Lot 49, 50, 51, 14.5' of 52,
College Hills Woodlands 284.5
Lot 65.5' of 52, 44' of 53,
College Hills Woodlands 109.5
Lot 36' of 53, 54,
College Hills Woodlands 206.0
Amount
$255.00
345.00
405.00
853.50
328.50
618.00
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 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 August, 1968, 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 any-
wise 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 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 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 assess-
ments, 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 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 proceedings of the city be 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 witnesses and introduce
evidence and have the right to appear and be heard.
01486
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 on
or before thirty days after date of completion and acceptance of the improve-
ments and said assessments shall bear interest from date of such completion
and acceptance until paid at the rate of eight per centum ($%) per annum,
payable annually, provided, any owner shall have the right to pay the assess-
ment 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
together 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 the same extent and as fully as if entirely separate proceed-
ings had separate hearings, 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 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
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 portions of said streets and avenues, whether
such owners be named herein or not and whether the property be correctly
described herein or not, as well as to all others in anywise interested
therein or to be affected thereby, shall be and are duly 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 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 is further directed, but
not required to give further notice of such hearing by causing a substantial
copy of such published notice to be mailed to each owner of property 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.
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
01487
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 22nd day of July, 1968.
ATTEST:
Assistant City
APPROVED:
Mayor
01.4%