HomeMy WebLinkAbout1959-0285 - Ordinance - 09/05/1959ORDINANCE NO. 285
ORDINANCE DETERMINING TO ASSESS A PART OF THE COST OF IMPROVING PORTIONS OF
WALTON DRIVE, KYLE AVENUE AND LEE STREET AND SUNDRY OTHER PLACES AND STREETS
IN THE CITY OF COLLEGE STATION AGAINST ABUTTING PROPERTY AND THE OWNERS THERE-
OF, ADOPTING ENGINEER'S ROLLS, PROVIDING FOR NOTICE OF HEARING, AND DECLAR-
ING AN EMERGENCY.
Whereas, the City Council of the City of College Station 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
and by paving and by installing drains, inlets and storm sewers, where pro-
vided in the plans, with necessary incidentals and appurtenances and in ac-
cordance with the plans now on file with the City and in accordance with the
specifications therefor, said portions of said streets being as follows, towit:
All that certain portion of Walton Drive and Kyle Avenue described as
follows: Commencing at the intersection of Foster Avenue and Walton Drive,
THENCE in a northeasterly direction along Walton Drive until same intersects
Kyle Avenue, THENCE continue along Kyle Avenue until same intersects. State
Highway No. 6;
All that certain portion of Lee Street from its intersection with Park
Place, South to the property line of Woodson Village.
The improvement to Walton Drive and Kyle Avenue shall consist of a.6 -inch
compact depth gravel base with a one -inch asphalt plant mix with concrete
curbs to a width, measured from back to back of 36 feet; and the improvements
to Lee Street shall consist of a 6 -inch compact depth gravel base with a one -
inch asphalt plant mix with concrete curbs to a width, measured from back to
back of 27 feet, as provided in said plans and specifications; and
WHEREAS the City of College Station has entered into a contract with
the Jarbet Company of San Antonio, Texas, for the improvement of said Walton
Drive and Kyle Avenue property; and has entered into a contract with C. J.
Porterfield of Bryan, Texas, for the improvement of said lee Street property,
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 endagers the
public health and safety and it is necessary that the improvement 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 emer-
gency.
THEREFORE, BE IT ORDAINED BY THE CITY OF COLLEGE STATION, TEXAS, THAT:
00652
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I
The City of College Station does hereby determin 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 Article 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
Robert R. Rhodes
John Allphin
Paul Mason
Frederick A. Gardner
W. S. Manning
Roger D. Whealy
James L. Liverman
Cecil A. Parker
Sylvia Cover
T. E. Rattan
J. G. Mackin -
Harold Baker
G. W. Black
Francis W. Lynch
Van K. Jones
Henry Kovar
Wallace P. Chamblee
Jack Dean Price
Walter J. Coney
Mrs. R. G. Reeves
Mrs. G. S. Fraps
Sam Southwell
Henry Kovar
Mrs. E. L. Williams
DESCRIPTION NUMBER OF FRONT FEET AMOUNT
Lot
Lot
Lot
Lot
Lot
Lot
Lot
Lot
Lot
Lot
Lot
Lot
Lot
Lot
Lot
Lot
Lot
Lot
Lot
Lot
Lot
Lot
Lot
Lot
Pt.
Pt.
Lot
1 Blk 2 College Hills
2 Blk 2
3 Blk 2
4 Blk 2
5Blk 2
6 Blk 2
7 Blk 2
8Blk 2
9Blk 2
10 & 35 ft.
11 Blk 2
11 & i of
12 Blk 2
13 Blk2
14 Blk 2
15 Blk 2
16 Blk 2
17 Blk 2
1 Blk .4
2 Blk 4
3 Blk 4
4 Blk 4
1 Blk 5
2, 20' of 3,
Blk 5
of 3, Pt.
4, Blk 5
of 4, Blk
1Blk 6
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70
70
70
70
70
70
70
70
105
" 112
"(Curb) 90
80
100
"(Curb) 80
" (CurbXCorner)
11
11
11
11
11
1t
11
1t
1t
1t
75
80
70
105
110
76
76
75
210.00
210.00
210.00
210.00
210.00
210.00
210.00
210.00
315.00
336.00
180.00
240.00
300.00
160.00
208.00
225.00
225.00
240.00
210.00
315.00
.330.00
228.00
228.00
225.00
NAME OF OWNER
Jane L. Fuller & Caroline
Fuller Mac Donald
E. D. Parnell
Donald Lee Huss
R. J. Baldauf
J. B. Lauterstein
Warren LeBourveau
G. L. Huebner
A. L. Bennett
D. H. Kimberling
J. F. Hagan
Donald A. Lindquist
C. K. Leighton
Gertrude Folweiler
Wendell R. Horsley
W. T. Berry, Jr.
John S. Denison
James Dozier
G. P. Parker
P. W. Burns
Gene King
George H. Draper
C. W. Pewthers
W. C. Adams
J. D. Lindsey
R. L. Whiting
0. C. Cooper
Ralph H. Dewey, Jr.
James Lindsey
Edward Olian
Mrs. Arch Baker
DESCRIPTION NUMBER OF FRONT FEET AMOUNT
Lot 2
& 3 Blk 6 College Hills
Lot 4 Blk 6 " "
75' of Lot 1,
Lot 2 & 20' of 3,
Blk 7 "
Lot 4, &pt. of 3
Blk 7
Lot 5 & pt. of 6
Blk 7
20' of Lot 6
Bik. 7
40' of 6, & 35'
7, Blk 7
42.7' of 7, 40'
8, Blk 7
z of 8, 9 & 10,
Blk 7
Lot 11 & pt. 12
Blk 7
Pt. of 12 & 13
Blk 7 " "
41' of Lot 13, 50' of
Lot 14, Blk 7
Lot 15 & 25' of
Lot 14, Bik 7 "
Lot 17 & pt of 17
Blk 7 "
Lot 18 & 40' of 17
Blk 7 "
Lot 2 Blk 8
135' of 3, Blk 8 "
Lot 4 & 15' of 3
Blk 8
Lot 5 Blk 8
Lot 6 Blk 8
Lot 7 Blk 8
Lot 8 Bik 8 & 15' of
9, Blk 8
Pt of 9, Blk 8
Lot 10 Blk 8
Lot 11 Blk 8
Lot 12 Blk 8
Lot 13 Blk 8
Lot 14 Blk 8
Lot 1 Blk 13
Lot 2, 35' of 3
Blk 13
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155 $465.00
80 240.00
195 585.00
160 480.00
100 300.00
20 60.00
75 225.00
248.10
205 615.00
91 273.00
92 276.00
91 273.00
100 300.00
110 330.00
125 375.00
135 405.00
72.7
165
150
150
150
"(curb)165
135
150
90
150
150
15q
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495.00
450.00
450.00
450.00
330.00
405.00
450.00
270.00
450.00
450.00
450.00
762.00
125 375.00
00654
NAME OF OWNER
DESCRIPTION NO. OF FRONT FEET AMOUNT
Ran Boswell Lot 4 & 58' of
3, Blk 13 College Hills Est. 17g! 519.00
Bruce A. Rogers Lot 1 Blk 14 " " " 87 261.00
Herbert W. Hooper Lot 2 Blk 14 " " " 109 360.00
Cecil B. Ryan Lot 3 Blk 14 " " " 109 357.00
Dayton Moses, Jr. Lot 1 Blk 15 " " " 105.5 316.50
M. E. Thornton Lot 2 Bik 15 " " " 104 312.00
Erwin E. Liebhafsky Lot 3 Blk 15 " " " 105 315.00
James E. Vance Lot 1, 2 Bik 16 " ft ft 174 522.00
Archie I Flowers Lot 3 Bik 16 " " " 87 261.00
Edward E. Ivy Lot 4 Blk 16 it " " 271 813.00
Robert D. Longshore Lot 5 Blk 16 " " " 80 240.00
O. C. Cooper Lot 6 Blk 16 II" " 80 240.00
Elvis P. Ozment Lot 7 Blk 16 " " " 80 240.00
James Denton Lot 8 Blk 16 " " " 75 225.00
Mont Whitson Lot 9 Blk 16 " " " 75 225.00
Wallace W. Moon Lot 10 & i of 11
Blk 16 " " " 112.5 337.50
Willis C. Tomsen i of 11 & all of 12
Blk 16 It " " 125.5 376.50
T. W. Leland Lot 12 Bk 17 " " " 75 225.00
F. L. Thomas Lot 13 & 14
Blk 17 " " " 150 450.00
J. V. Perry Lot 15 Bik 17 " " " 80 240.00
Curtis Holland Lot 16 Bik 17 " " " 80 240.00
Henry Kovar Lot 17 Blk 17 " " " 80 240.00
Lee C. Coffey Lot 1 Blk 17 " " " 125 375.00
J. E. Loupot Lot 2 Blk 17 " " " 125 375.00
A. A. Price Lot 3 Blk 17 " It " 125 375.00
C. V. Wootan Lot 4 Blk 17 " " " 125 375.00
W. P. Evans Lot 5 Blk 17 " " " 125 375.00
First Methodist Church Lot 6 Blk 17 " " " 125 375.00
Henry Rakoff Lot 7 Pt of 8,
Blk 17 " " " 157 447.00
R. E. Patterson Pt. 8 & 9, Blk 17 t, " 396 945.00
C. A. Richards Lot 18 Blk 17 " " 80 240.00
L. V. Patterson Lot 19 Blk 17 " " 80 240.00
Robert F. Laurenson Lot 20 Blk 17 " " 80 240.00
Leland C. Grumbles Lot 21 Blk 17 " " 80 240.00
A. R. Wapple Lot 22 Bik 17 " "' 80 240.00
C. 0. Hardy Lot 23 Blk 17 " " 80 240.00
Robert A. Knapp Lot 24 Blk 17 " " 230 690.00
Richard M. Adams Lot 1 Blk 18 " " 70 210.00
Susie K. Albright Lot 2 Blk 18 " " " 58 174.00
Elsie L. Lynch Lot 3 Blk 18 " " 58 174.00
Alfon Quitta Lot 4 Blk 18 " " 58 174.00
G. W. Gilliland Lot 5 Blk 18 " " 58 174.00
Mrs. S. J. Denman Lot 6, 2' of 7
Bik 18 " " " 60 180.00
James D. Griffin 56' of 7, z of 8
Blk 18 " " 85 00
NAME OF OWNER
Robert B. Alexander
A. L. Witcher
T. W. Hughes
T. J. Mattern
Clara McFrancis
K. R. Menefee
Marshall B. Frazier, Jr.
Carl L. Young
George C. Cooper
Garland Sluder
Federal Housing Adm.
I. F. Foster
Ulrich Crow
Henry Dittman
John Schmidt
Ben B. Hammer
Sylvia Cover
W. B. Bradley
I. R. Adams
Henry Kovar
Henry Courtenay
J. C. Culpepper
L. S. Kobasinski
Ed. W. Scasta
D. H. Sigbornson
William A. McDonald
W. S. Guthrie
William H. Taylor
DESCRIPTION NO. OF FRONT FEET AMOUNT
of 8, all of 9
Blk 18 College Hills
Lot 10 Blk 18
Lot 11 Blk 18
Lot 12 & 13
Blk 18
Lot 14 Blk 18
Lot 15 & 17
Blk 18
Lot 17
Blk 18
27i' of 18 & 41' of
19, Blk 18 "
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14'
20,
Lot
Lot
Blk
Lot
Lot
Lot
Lot
Lot
Lot
Lot
Lot
Lot
Blk
of 19 & all of
Blk 18
21 Blk 18
68' of 1
21
2 and 2' of
1 Blk 21
3 Blk 21
4 Blk 21
5 Blk 21
6 Blk 21
7 B1k 21
8 Blk 21
9, 30' of 10
21
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Pt of Lot 10 & 11
Blk 21
20' of 12, all of 13
Blk 19 " "
49.5' of Lot 14
Blk 19 " "
Lot 15 & 5' of 14
Bik 19 " "
Lot 16 Bik 19
Lot 17 Bik 19
Lot 18 Blk 19
Lots 34, 35, & 36
Blk 3 South Oakwood Addition 147
Lots 12 & 13 Blk 7
South Oakwood
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172
58
120
82.5
68.5
69
70
68
60
58
58
58
58
58
60
100
162
73
49.5
60
55
60
70
261.00
180.00
159.00
516.00
174.00
360.00
247.50
205.50
207.00
210.00
204.00
180.00
174.00
174.00
174.00
174.00
174.00
180.00
300.00
486.00
219.00
148.50
180.00
165.00
180.00
210.00
441.00
Addition 145 435.00
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 pro-
perty 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 28th day of September, 1959, 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 mistakes, 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 improve-
ments, 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 any wise interested, their agents and attorneys shall be and ap-
pear 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 in-
validity in any proceedings with reference to said assessments, such improvements,
or to the contracts therefor and as to any other matter or thing in any wise con-
nected, 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 abut-
ting 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 any wise interested or affected may subpoena witnesses 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 pro-
perty against which assessments are levied, and shall be due 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 ac-
ceptance 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
00657
time before maturity by paying principal and interest accrued to date of pay-
ment, provided further that if default be made in the payment promptly as the
same matures the entire assessment shall be collectible together with reason-
able 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 are 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 sep-
arate proceedings 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 pro-
perty 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 any wise 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 con-
stitute 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
00658
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 the 5th day of September, 1959.
ATTEST:
City Secretary