HomeMy WebLinkAbout1959-0286 - Ordinance - 09/28/1959ORDINANCE NO. 286
THE STATE OF TEXAS 0
COUNTY OF BRAZOS
On this the 28th day of September, 1959, the City Council of the City of
College Station, Texas, in the above mentioned county, convened in regular session
in the regular meeting place in said city, all members thereof, to -wit:
Ernest Langford, Mayor
J. A. Orr, Councilman
Alton Boyett, Councilman
Joe Sorrels, Councilman
D. A. Anderson, Councilman
Carl Landiss, Councilman
Bill Smith, Councilman
being present and passed the following ordinance:
AN ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR A PART OF THE COST OF
IMPROVING A PORTION OF KYLE AVENUE, WALTON DRIVE AND LEE STREET AND SUNDRY OTHER
STREETS AND PLACES 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 J. A. Orr, and seconded by Joe Sorrels, that the following
ordinance be passed and approved:
AN ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR A PART OF THE COST OF
IMPROVING A PORTION OF KYLE AVENUE, WALTON DRIVE AND LEE STREET AND SUNDRY OTHER
STREETS AND PLACES IN THE CITY OF COLLEGE STATION, TEXAS, AND PROVIDING FOR THE
COLLECTION OF SUCH ASSESSMENTS, AND THE ISSUEANCE 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 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.
After due advertisement for bids such bids 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 improvements, 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 purpose of such hearing was given,
and said hearing held at the time and place fixed therefore; to -wit:
On the 28th day of September, 1959, in the regular meeting place of the City
of College Station, Texas, at 7:0o 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 rectifica-
tion were corrected and rectified and the City Council finds, as herein ordained,
that such hearing should be closed, said protests desposed 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 cf the City with reference to such improvements; and the City
Council further finds from the evidence that any assessment herein provided 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 proceed 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 OF COLLEGE STATION, TEXAS:
I.
All 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 afl 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 abutting 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 bene-
fited 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
00661
sum in excess of the assessment levied against same by this ordinan
finds that the apportionment of the cost of this improvement is in
the law and charter in force in the city, and is in accordance with
heretofore taken and had with reference to such improvements and is
valid and regular.
ce and further
accordance with
the proceedings
in all respects
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 pro-
perty; the description of such property, the several amounts assessed against same,
and the owners thereof, being as follows, to -wit:
Name of Owner
Robert R. Rhodes
John Allphin
Paul Mason
F. 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
Jane L. Fuller & Caroline
Fuller MacDonald
E. D. Parnell
Donald Lee Huss
Description,:
Lot
Lot
Lot
Lot
Lot
Lot
Lot
Lot
Lot
Lot
Lot
Lot
Blk
Lot
Lot
Lot
Lot
Lot
Lot
Lot
Lot
Lot
Lot
Lot
Lot
Pts
Blk
1 Blk 2 College
2 Blk 2
3 Blk 2
4 Blk 2
5 Blk 2
6 Blk 2
7 Blk 2
8 Blk 2
9 Blk 2
10 & 35' of
11 Blk 2 't
12 & 2 of 11
2
13 Blk 2
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 & 4
5
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Pt of 4 Blk 5
Lot 1 Blk 6
Lots 2 & 3 Blk
Lot 4 Blk 6
75' of Lot 1, Lot 2
& 20' of 3, Blk 7
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No. of
Front Feet
90
70
70
70
70
70
70
70
70
105
112
90
80
100
80
Corner
75
75
80
70
105
110
76
76
75
Amount
270.00
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
21000
315.00
330.00
228.00
228.00
225.00
155 465.00
80
240.00
195, 585.00
00662
Name of Owner
R. J. Baldauf
J. B. Lauterstein
Warren LeBourveau
G. L. Huebner
A. L. Bennett
D. H. Kimberling
J. F. Hagan
D. 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
C. C. Cooper
Ralph H. Davey, Jr.
James Lindsey
Edward Olian
11:rs. Arch Baker
Ran Boswell
Bruce A. Rogers
Herbert W. Hooper
Cecil B. Ryan.
Dayton Moses, Jr.
M. E. Thornton
Erwin E. Liebhafsky
Description
Lot 4 & pt. of
3 Blk 7 College Hills Est.
Lot 5, pt. of
6 Blk 7 "vi
20' of Lot 6
Blk 7 " 11
"
40' of Lot
Lot 7 Blk
42.7' of 7
Lot 8 Blk
of 8, 9 & 10
Blk 7
Lot 11 & pt of
Lot 12 Blk 7
Pt. of 12 & 13
Blk 7
41' of 13, 50' of
14 Blk 7 "
Lot 15 & 25' of
Lot 14 Bik 7 "
Lot 16 & pt of
Lot 17 Bik 7 "
Lot 18 & 40' of
Lot 17 Blk 7 "
Lot 2 Blk 8 "
135' of 3 Blk 8
Lot 4 & 15' of
Lot 3 Bik 8 "
Lot 5 Blk 8
Lot 6 Blk 8
Lot 7 Blk 8
Lot 8 Blk 8
& 15' of 9 Blk 8
Pt of 9 Blk 8
6, 35' of
7 " 't
& 40' of
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Lot
Lot
Lot
Lot
Lot
Lot
Lot
Lot
Lot
Lot
Lot
Lot
Lot
Lot
Lot
10 Blk 8
11Blk 8"
12 Bik 8 "
13 Blk 8 "
14 Blk 8"
1 Blk 13
2 & 35' of
3 Blk 13
4 & 58' of
3 Blk 13
1 Blk 14
2 Bik 14
3 Blk 14
1 Blk 15
2 Blk 15
3 Blk 15
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No. of
Front Feet Amount
160
100
20
75
72.7
205
91
92
91
100
110
125
44
135
165
150
150
150
165
135
150
90
150
150
150
254
480.00
300.00
60.00
225.00
248.10
615.00
273.00
276.00
273.00
300.00
330.00
375.00
132.00
405.00
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
173
87
109
109
105.5
104
105
519.00
261.00
360.00
357.00
316.50
312.00
315.00
00663
Name of Owner Description
No. of
Front Feet Amount
James E. Vance Lot 1, 2
Blk 16 College Hills Estates 174 522.00
Archie I. Flowers Lot 3 Blk 16 " " " 87 261.00
Edward E. Ivy Lot 4 Bik 16 " 271 813.00
R. D. Longshore Lot 5 Blk 16 " 80 240.00
0. C. Cooper Lot 6 Blk 16 " 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 z of
Lot 11 Blk 16 " 112.5 337.50
Willia C. Thomsen Lot 12 z of
Lot 11 Blk 16 " 125.5 376.50
T. W. Leland Lot 12 Bik 17 " 75 225.00
F. L. Thomas Lot 13, 14 Blk 17 150 450.00
J. V. Perry Lot 15 Blk 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 " " 125 375.00
C. V. Wootan Lot 4 Blk 17 " 125 375.00
Kenneth Wolf Lot 5 Blk 17 " 125 375.00
First Methodist Church Lot 6 Blk 17 " " " 125 375.00
Henry Rakoff Lot 7 & pt. of
Lot 8 Blk 17 " 157 447.00
R. E. Patterson Pt of 8 & 9
Blk 17 " 396 945.00
C. A. Richards Lot 18 Bik 17 " t 80 240.00
L. V. Patterson Lot 19 Blk 17 " 80 240.00
R. F. Laurenson Lot 20 Blk 17 " 80 240.00
Leland C. Grumbles Lot 21 Blk 17 " 80 240.00
A. R. Wapple Lot 22 Blk 17 " 80 240.00
C. O. 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
Lot 7 Blk 18 " " " 60 180.00
James D. Griffin 56' of 7 and ,z
of 8 Blk 18 II tl
" 85 255.00
2 of 8 & all of
Lot 9 Blk 18 " II " 87 261.00
A. L. Witcher Lot 10 Blk 18 " It " 60 180.00
T. W. Hughes Lot 11 Blk 18 " " I, 53 159.00
T. J. Mattern Lot 12 and 13
Blk 18 " " it
Clara McFrancis Lot 14 Blk 18 " " 'i
Robert B. Alexander
172 516.00
58 174.00
00664
NAME OF OWNER
K. R. Menefee
M. 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. Hamner
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
Lots 15 & 16
Blk 18 College Hills Estates
Lot 17 & z of
Lot 18 Blk 18
27z' of 18 & 41'
of 19 Blk 18
14' of 19 & all of
Lot 20 Blk 18
Lot 21 Blk 18
68' of Lot 1 Blk 21
Lot 2 & 2' of Lot 1
Blk 21
Lot 3 Blk 21
Lot 4 Blk 21
Lot 5 Blk 21
Lot 6 Blk 21
Lot 7 Blk 21
Lot 8 Blk 21
Lot 9, 30' of
lot 10 Blk 21
Pt of Lot 10 &
Lot 11 Blk 21
20' of Lot 12 & all
Lot 12 Blk 19
49.5' of Lot 14
Blk 19
Lot 15 & 5' of
Lot 14 Blk 19
Lot 16 Blk 19
Lot 17 Blk 19
Lot 18 Blk 19
Lots 34, 35 & 36
Blk 3 Oakwood Addition 147 441.00
Lots 12 & 13
Blk 7 " 145 435.00
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No. of
Front Feet Amount
120 360.00
82.5 247.50
68.5 205.50
69 207.00
70 210.00
68 204.00
60 180.00
58 174.00
58 174.00
58 174.00
58 174.00
58 174.00
60 180.00
100 300.00
162 486.00
73 219.00
49.5 148.50
60 180.00
55 165.00
60 180.00
70 210.00
Where more than one person, firm or corporation own an interest in any property
above described, each said person, firm or corporation sh5.11 be personally liable only
for its, his or her pro rata of the total assessment against such property in pro-
portion of 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 improvements 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 in-
dicated in the appropriate column, such amounts being itemized under other columns.
IV.
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 (8%) 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 suns 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 asses-
sment 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.
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 col-
lection 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 pro-
perty 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 par-
cels 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 itn.it is completed and accepted, which
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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 improve-
ments 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 description as MaY ®therwiae 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 the name of the owner be unknown, then
to so state shall be sufficient, and no error or mistake in describing said pro-
perty, 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 assessments evidenced
thereby shall at once become due and payable, and shall be collectible with reason-
able attorney's fees and costs of collection, if incurred. And said certificates
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 the 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 re-
citals 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 further 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 contain 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.
00667
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 im-
provements 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 improve-
ments 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 #n`that unit.
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 of 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 ev-
idence 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 endanger health and safety
and it is necessary,that said improvements be proceed 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 28th day of September, 1959. Z4,
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ATTEST:
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N. M. IicGinnis, City Secretary
Ernest Langford, Mayor
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