HomeMy WebLinkAbout1961-0317 - Ordinance - 06/23/1961ORDINANCE NO. 317
ORDINANCE DETERMINING TO ASSESS A PART OF THE COST OF IMPROVING PORTIONS OF FOSTER
AVENUE, MOSS AVENUE, CHURCH AVENUE AND THOMAS STREET 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 here-
tofore ordered that the following portions of streets in said city be improved by
raising, grading, filling same, installing concrete curbs and gutters and by pav-
ing and by installing drains, inlets and storm sewer, 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, towit:
All that certain portion of Foster Avenue described as follows: Commenc-
ing at the intersection of Walton Drive and Foster Avenue, thence in a Southeasterly
direction along Foster Avenue until same intersects Moss Avenue; and commencing
at the intersection of Moss Avenue and Foster Avenue, thence in an Easterly direction
along Foster Avenue until same intersects Kyle Avenue;
All that certain portion of Moss Avenue from its intersection of State
Highway No. 6, thence in a Northeasterly direction along Moss Avenue until same
intersects Foster Avenue;
All that certain portion of Church Avenue from its intersection of Tauber
Street, thence in a Northeasterly direction along Church Avenue until same inter-
sects Nagle Street;
All that certain portion of Thomas Street from its intersection of Dexter
Drive, thence in an Easterly direction along Thomas Street until same intersects
alley on the East boundary of Southeast College Park Addition.
The improvements to Foster Avenue shall consist of a six (6) inch compact
depth gravel base with a one (1) inch asphalt plant mix with concrete curbs to a
width, measured from back to back of 27 feet; and the improvements to Moss Avenue
shall consist of a six (6) inch compact depth gravel base with a one (1) inch
asphalt plant mix with concrete curbs to a width, measured from back to back of
27 feet; and the improvements to Church Avenue shall consist of a six (6) inch
compact depth gravel base with a one (1) inch asphalt plant mix with concrete
curbs to a width, measured from back to back of 37 feet; and the improvements to
Thomas Street shall consist of a six (6) inch compact depth gravel base with a
one (1) 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
Jack M. Barker Construction Co., Lufkin, Texas,
for the improvements of said Foster Avenue, Moss Avenue, Church Avenue and Thomas
Street, 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
00725
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 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 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, towit:
Name of Owner
Fred C. Seale
S. S. Floeck
Neelley B. Farquhar
Joseph R. Murillo
Richard M. Robinson
Mae Belle Smith
F. L. Thomas
Edwin Matula
S. E. Brown
S. L. Parker
Henry Kovar
C. E. Dillon
Harvey Oakes
W. I. Truettner
Charles F. Richardson
Clifton S. Harris
Jay D. Jones
Description
Lot 1 Blk 3
Lot 2 Blk 3
Lot 3 Blk 3
Lot 4 Bik 3
Lot 5 Bik 3
Lot 6 Blk 3
Lot 7 Blk 3
Lot 8 Bik 3
Lot 60. 9 Blk 3
Lots 10. 9, 10
Blk 3
Lot 1 Blk 4
Lot 18 Blk 4
Lot 19 Blk 4
Lots 20, 21
Blk 4
Lots of 21, 22
Blk 4
Lot 23 Blk 4
Lot 24 Bik 4
College
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No. of
Front Feet
Est. 80.
11 70.
70.
70.
70.
70.
70.
70.
60.
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105.
136.8
145.
80.
105.
105.
70.
70.
Amount
$240.00
$210.00
$210.00
$ 210.00
$ 210.00
$210.00
$210.00
$ 210.00
$180.00
$315.00
$410.40
$435.00
$240.00
$315.00
$ 315.00
$210.00
$ 210.00
00729
Brazos Varisco
Sally E. Wilson
Charlotte Tompkins
J. H. Pruitt
Sidney 0. Brown
E. B. Patton
Russell K. Wieder
Edward Zalenski
James R. Dixon
D. A. Anderson
J. C. Culpepper
Troy McElroy Estate
Jim Edge
Katherine Russell
E. M. White, Sr.
J. R. Jackson
Bluefford G. Hancock
George F. Sousares
David T. Killough,
M/Sgt. M. E. McClain
Robert G. Cox
E. V. Walton
Jim S. Beaty
William J. Dobson
John W. Hill
Mrs. Beth B. Brady
Frederick Kasten
William C. Hurley
M/Sgt. Silas L. Copeland
Mildred Sims
Robert C. Hall
Russell James Kobel
Henry Kovar
J. G. H. Thompson
James R. Martin
Read Wipprecht
Beulah Ball
Lot 25 Bik 4 College
►1
Lot 26 Blk 4
Lot 27 Blk 4
Lot 28 Blk 4
Lots 1, 2, Blk
9
Lot 3 Blk 9
Lot 4 Blk 9
Lot 5 Blk 9
Lot 6 Blk 9
Lot 7 Bik 9
Lot 8 Blk 9
Lot 9 Blk 9
Lot 10 Blk 9
Lot 11 Blk 9
Lot 12,Blk 9
Lot 1 Blk 10
Lots 16, 17,
18, Blk 10
Lots 19, 20
Blk 10
Lot 21 Blk 10
Lot 22 Blk 10
Lot 23 Blk 10
Lot 24 Blk 10
Lot 55' of 25
Blk 10
Lots 5' of 25,
26 Blk 10
Lots 1, 10' 34
Blk 19
Lots 2 and 3
Blk 19
Lot 4 Blk 19
Lots 5, 6
Blk 19
Lots of 6, 7
Blk 19
Lots 8, 20' 9
Blk 19
Lots 35' of 9, 10,
20' 11, Blk 19
Lot Pt. 34 Blk 19
Lots 11, 12 Blk 21
Lots 13, 14 Blk 21
Lot 15 Bik 21 '1
Lot 6 Bik 22
Lot 7 Blk 22
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65.
65.
65.
75.
155.
65.
65.
65.
60.
60.
60.
60.
60.
60.
80.
140.
190.
120.
60.
60.
70.
60.
55.
55.
80,
140.
63.8
82.5
82.5
75.
110.
110.
170.
172.7
69.8
106.
106,
$195.00
$195.00
$195.00
$225.00
$465.00
$195.00
$195.00
$195.00
$180.00
$180.00
$180.00
$180.00
$180.00
$180.00
$ 240.00
$420.00
$570.00
$ 360.00
$180.00
$180.00
$ 210.00
$180.00
$165.00
$165.00
$240.00
$ 420.00
$191.40
$247.50
$ 247.50
$ 225.00
$ 330.00
$ 330.00
$510.00
$518.00
$209.40
$318.00
$318.00
00730
W. B. Thomas
Otis C. Whites
Jim Abate
Merrell E. Sutphen
S. E. Brown
Read Wipprecht
Miss Emilie 0, Colson
Gause Builders Supply Co.
R. C. Franks
Robert Metzer
Tom W. Goldstone
John H. Pruitt
First Baptist Church
Mrs. Zofie M. Nowlin
St. Mary's Catholic Church
A & M Methodist Church
St. Mary's Catholic Church
Manning A. Price
Marion Pugh
R. Reeves
Haile D. Perry
Marion Pugh
Ray H. Putman
William G. Breazeale
Lot 60* 1 Blk 22
Lot 10* 1, 2
Blk 22
Lot 3 Blk 22
Lot 4 Blk 22
Lot 5 Blk 22
Lot 6 Blk 22
Lot 16 Blk 21
Lot 17 Blk 21
Lot 18 Blk 21
Lot 19 Blk 21
Lot 20, 2' 21
Blk 21
Lot 68' 21
Blk 21
Lot 1 Blk 1
Lot 12 Blk 1
Lots 1, 14 Blk 3
Lots 4, 3
Blk 5
Lots 3, 4, Blk 6 "
Lot 3 Blk 2 S. E. College
Lot 4 Blk 2 " ft
Lot 5 Blk 2
Lot 1 Blk 3
Lot 2 Blk 3
Lot 3 Blk 3
Lot 4 Blk 3
A If
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60.
60.
50.
60.
60.
70.
58.
58.
58.
58.
60.
68.
110.
142.25
213.
212.25
213.
100.
80.
142.5
100.
80.
80.
90.3
$180.00
$180.00
$150.00
$180.00
$180.00
$ 210,00
$174.00
$174.00
$174.00
$174.00
$180.00
$204.00
$330.00
$426.75
$426.00
$424.50
$639.00
$300.00
$ 240.00
$427.50
$300.00
$240.00
$ 240.00
$270.90
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 6th day of July, 1961, 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 pro-
ceedings with reference to the making of said improvements or assessments there-
for 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,
00731
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 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, 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 any wise 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 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 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 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 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 assess-
ment 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
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 separate 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 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
00732
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 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 assess-
ment 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 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 23rd day of June, 1961.
ATTEST:
Cit SecretarVrc
APPROVED:
Mayor