HomeMy WebLinkAbout1961-0320 - Ordinance - 07/06/1961BOORUM & PEASE
ORDINANCE NO. 320
THE STATE OF TEXAS 0
COUNTY OF BRAZOS 0
On this the 6th day of July, 1961, 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, all members thereof, to wit:
Ernest Langford, Mayor
J. A. Orr, Councilman
Carl Landiss, Councilman
D. A. Anderson, Councilman
Joe H. Sorrels, Councilman
A. P. Boyett, Councilman
A. L. Rosprim, 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 SECOND STREET, TAUBER STREET, STASNEY STREET, CROSS
STREET, CHERRY 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 Councilman Boyett, and seconded by Councilman Rosprim,
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 SECOND STREET, TAUBER STREET, STASNEY STREET, CROSS
STREET, CHERRY STREET AND SUNDRY OTHER STREETS AND PLACES IN THE CITY OF
COLLEGE STATION, TEXAS, AND PROVIDING FOR THE COLLECTION OF SUCH ASSESSMENTS,
AND THE ISSUANCE OF ASSIGNABLE CERTIFICATES IN EVIDENCE THEREOF, AND DECLAR-
ING 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, paving and installing drains, inlets and
storm sewers where provided in the plans, with necessary incidentals and appurten-
ances, to wit:
All that certain portion of Second Street described as follows: Commenc-
ing at the intersection of Church Avenue and Second Street, thence in a North-
westerly direction along Second Street until same intersects Cherry Street;
All that certain portion of Tauber Street from its intersection of Church
Avenue, thence in a Northwesterly direction along Tauber Street until same
intersects Cherry Street;
All that certain portion of Stasney Street from its intersectionO4
60, thence in a Northwesterly direction along Stasney Street until same inter-
sects Cherry Street;
All that certain portion of Cross Street from its intersection of Tauber
Street, thence in a Northeasterly direction along Cross Street until same inter-
sects Nagle Street;
All that certain portion of Cherry Street from its intersection of Tauber
Street, thence in a Northeasterly direction along Cherry Street until same inter-
sects Nagle Street.
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 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 purpose of such hearing was given, and said hearing held at the time and
place fixed therefore; to wit:
On the 6th day of July, 1961, 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 i 7rrors and irregularities and all other matters requir-
ing correction.or ati;cation were corrected and rectified and the City Council
finds, asherein 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 herein below 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 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
engangers 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 TRbREFORE, BE IT ORDAINED BY THE CITY OF COLLEGE STATION, TEXAS:
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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 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
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 established
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 ordinance 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.
That there shall be and is hereby levied and assessed against each parcel
of property herein below mentioned and against the real and true owners there-
of, whether such owners be correctly named herein, or not, the sums of money
below mentioned and itemized and shown opposite the descriptions of the respec-
tive parcels of property; the description of such property, the several amounts
assessed against same, and the owners thereof, being as follows, to wit:
No. of
Name of Owner Description Front Feet Amount
R. E. Dansby, Jr.
W. E. Higgins
Mrs. W. O. Reed
Frank H. Mathews
James E. MoGarrah
H. M. Pitner
Mrs, T. G. Gorbet
Vince Court
Our Saviour9s Lutheran
Church
James E. McGarrah
A & M Presbyterian Church
Tom Taylor
Lots 14, 15
Blk 6 & 7 Boyett
Lots 16 & 17
Blks 6 & 7
Lot 18 Blk 6 & 7
Lot 19 Blk 6 & 7
Lot 20 Blk 6 & 7
Lots 1, 2 Blk 5"
Lot 3 Blk 5 "
Lots 4, 5 Blk 5
Lots 11, 12, 13
Blk 5
Lot 14 Blk 5
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Lots 7, 8, 9, 10
11, 12, 13 Acreage
Blk 6&7
Lots 5, 6 Blk 20
Addition 115. $86.25
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100. $75,00
50. $37.50
50. $37.50
50. $37.50
100. $75.00
50. $37.50
100. $75,00
150. $112,50
50. $ 37.50
589. $441.75
100. $75.00
007S0
BOORUM & PEASE "N="
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Vince Court
Carr M. Denman, Sr.
Our Saviour's Lutheran
Church
A & M Church of Christ
B. C. Jones
Edward R. Ibert
W. C. Scasta & Son
Rev. R. L. Brown
R. L. Jackson
H. R. Covington, Estate
First Baptist Church
William Frank Tauber, Jr.
Mrs. Lottie Petrasek
John J. Tauber
Mrs. Zofie M. Nowlin
John J. Tauber
Mrs. Lottie Petrasek
Mrs. Zofie M. Nowlin
John J. Tauber
Richard N. Cade
Mrs. Elsie Patranella &
John R. Birdwell
Bill J. Cooley
Jack Boyett
Mrs. Zofie Nowlin
John J. Tauber
Mrs. Lottie Petrasek
Mrs. W. F. Tauber
Mrs. Zofie M. Nowlin
Miss Florence Farr
Johnny Cooley
Mrs. Lottie Petrasek
John J. Tauber
Mrs, Zofie M. Nowlin
John J. Tauber
St. Mary's Catholic
Church
Mrs. W. F. Tauber
John J. Tauber
Mrs. Zofie M. Nowlin
John J. Tauber
Mrs. Lottie Petrasek
Marion Pugh
John J. Tauber
Lot 7 Bik 20 Boyett Addition
Lot 8 Blk 20 "
Lots 9, 10, 11, 12,
13 Blk 3
Lots 14, 15 Bik 3
Lot 16 Bik 3 "
Lots 9, 10 Bik 4
Lot 11 Bik 4 "
Lots 12, 13 Blk 4
Lots 14, 15, 16
Blk 4
Pt. Lot 4 Blk 22
Lots 1, 2 Blk 1
Lot 3 Blk 1
Lot 4 Blk 1
Lots 5, 6 Blk 1
Lot 6 Bik i "
Lots 1, 2 Blk 2
Lot 2, 3 Blk 2
Lot 4 Blk 2
Lot 5 Blk 2
Lot 6 Blk 2
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Lot 7 Blk 2
Lots 8, 9, 10
Blk 2
Pt. Lot 4 Blk 22
Lot 7Blk 1
Lot 7, 8 Blk
Lot 9 Blk 1
Lot 10, Blk 1
Lots 11, 12 Blk 1
Lots 11, 12, 13
Blk 2
Lot 14 Blk 2
Lot 15 Blk 2
Lot 16 Bik 2
Lot 17 Blk 2
Lots 18, 19, 20
Blk 2
Lots 1, 2, 3, 4, 5
6, 7 Blk 3
Lot 1, 2 Blk 4
Lot 2, 3 Bik 4
Lot 4 Blk 4
Lot 5 Blk 4
Lot 6 Blk 4
Lot 7 Blk 4
Lots 8, 9, 10
Blk 4
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Tauber
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50. $ 37.50
50. $ 37.50
250. $187.50
100. $75.00
50. $ 37.50
110. $ 82.50
50. $ 37.50
100. $ 75.00
150. $112.50
96 $ 72.00
120. $ 90.00
60. $ 45.00
60. $ 45.00
111.5 $ 83.63
51.5 $ 38.63
90. $ 67.50
90. $ 67.50
60. $ 45.00
60. $ 45.00
60. $ 45.00
60. $ 45,00
171.4 $128.55
90. $ 67.50
51.5 $ 38.63
111.5 $ 83.63
60. $ 45.00
60. $ 45,00
115. $ 86.25
169.7 $127.28
60. $ 45.00
60. $ 45.00
60. $ 45.00
60. $ 45.00
180. $135.00
397.9 $298.42
90. $ 67.50
90. $ 67.50
60. $ 45.00
60. $ 45.00
60. $ 45.00
60. $ 45.00
169.66 $127.25
00751
S00RUM & PEASE "N
Jim Edge
St. Mary's Catholic
A & M Methodist Church
Mrs, W. F. Tauber
B. J. Cooley
Mrs. W. F. Tauber
John J. Tauber
John J. Tauber
St. Mary's Catholic Church
Mrs. W. F. Tauber
Mrs. Zofie M. Nowlin
E. E. Mc Quillen &
J. B. Hervey
Mrs. Zofie M. Nowlin
John J. Tauber
Mrs. Lottie Petrasek
Bill J. Cooley
Miss Florence Farr
John J. Tauber
William Frank Tauber, Jr.
120x117.25
Mary Nowlin Tract` Tauber
170x213, 60x212
Mary Nowlin Tract &
alley between Tauber
Add. Plat "
169.7x112.25 '
Wm. Tauber Tract
169.7x112.25
Wm. Tauber Tract
72x71, 112.25x180
Wm. Tauber Tract
Pt. 112.25x180
Wm. Tauber Tract
Lot 6, i Lot 7
Blk 1 "
Lots 1, 20 Blk 2
Lots 7, 8 Blk 3
Lot 1 Blk 4
Lot 20 Blk 4
Pt. Lot A
Lot B
Lot C
Lot D
Lot 10 Blk 2
Lot 11 Blk 2
Lot 10 Blk 4
Lot 11 Blk 4
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120. $ 90.00
250.1 $187,58
84.85 $ 63.64
'84.85 $ 63.64
72. $ 54.00
108. $ 81.00
252.25 $189.19
252.25 $189.19
213. $159.75
106.5 $ 79.88
106.5 $ 79.88
134. $100.50
134. $100.50
134. $100.50
134. $100.50
96.5 $ 72.38
127.25 $ 95.44
106.25 $ 79.69
106.25 $ 79.69
Where more than one person, firm or corporation own an interest in any
property above described, each said person, firm or corporation shall be
personally liable only for its, his or her prorata of the total assessment
against such property in proportion 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 im-
provements in one unit are in no wise related to or connected with the improve-
ments 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.
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 a 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 con-
stitute 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 pay-
able 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
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 there-
of, 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 inthe enforcement and collection of said liens and assessments, and if
default shall be made iirthe 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 pro-
vided 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 froPt feet thereof
BOORUM & PEASE
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or such other description as may otherwise identify the same, and if the said pro-
perty 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 property, or in giving the
name of any owners, shall in any wise 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 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 con-
tract 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.
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
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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.
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 assess-
ment, levied hereby or any certificate issued, and any such mistake, error,
invalidity, or irregularity, whether in such assessment or in the certificate
issued in evidence 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 not withstanding 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 proceeded with while the
weather will permit, and the construction of said improvements is being de-
layed pending the taking effect of this ordinance, and such facts constitute an
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 im-
mediately from and after its passage.
PASSED AND APPROVED this the 6th day of July, 1961.
ATTEST:
K, A. Manning, City Sezfretary
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Ernest Langford, Mayor
00755