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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: 00749 f,v rf LTA 1`) eSJ 4r c) fb=� 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 ft 11 tt Lots 7, 8, 9, 10 11, 12, 13 Acreage Blk 6&7 Lots 5, 6 Blk 20 Addition 115. $86.25 ft ft It ff tt u ft 11 tt tt 11 100. $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=" R -Si% t. -, 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 11 tt 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 tt It tt f1 It ft 1 ft ft 11 ft fl ft tt tf " It tt tt It It tt 11 11 ft ft Tauber t1 11 tt 11 11 tt tt 11 tt ft Boyett Tauber ft tt 11 It n ft ff It 1t tt tt It ft t1 77/ 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 G 7;) 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 G Fo 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 00754 t) Ul LJJ 00 (t) U UA of, 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 r 7 -1Pf - Ernest Langford, Mayor 00755