HomeMy WebLinkAbout1963-0374 - Ordinance - 06/24/1963BOORUM & PEASE "NoTk R'
BOORUM & PEASE
ORDINANCE NO. 374
ORDINANCE DETERMINING TO ASSESS A PART OF THE COST OF IMPROVING PORTIONS OF
PERSHING AVENUE, SHETLAND STREET, DEXTER DRIVE, ASHBURN AVENUE, COLLEGE MAIN
NORTH AND FRANCIS DRIVE 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
heretofore ordered that the following portions of streets in said city be
improved by raising, grading, filling same, installing concrete curbs and
gutters and by paving and by installing drains, inlets and storm sewers,
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, to wit:
All that certain portion of Pershing Avenue described as follows:
Commencing at the intersection of Jersey Street and Pershing Avenue thence
in a southerly direction along Pershing Avenue until same intersects with
Woodson Village Subdivision; and
All that certain portion of Shetland Street described as follows:
Commencing at the intersection of Shetland Street and Pershing Avenue thence
in an easterly direction along Shetland Street until same intersects with
Lee Street; and
All that certain portion of Dexter Drive described as follows:
Commencing at the intersection of Jersey Street and Dexter Drive thence in a
southerly direction along Dexter Drive until same intersects County Road; and
All that certain portion of Ashburn Avenue described as follows:
Commencing at the intersection of Ashburn Avenue and Lincoln Avenue thence in
a southerly direction along Ashburn Avenue until same intersects Francis Drive;
and
All that certain portion of College Main North described as follows:
Commencing at the intersection of College Main North and Church Avenue thence
in a northwesterly direction along College Main North until same intersects
the city limits; and
All that certain portion of Francis Drive described as follows:
Commencing at the intersection of Francis Drive and Munson Avenue thence in
a northeasterly direction along Francis Drive until same intersects Carter's
Grove Subdivision.
The improvements to Pershing Avenue, Shetland Street, Dexter Drive, and
Ashburn Avenue shall consist of a six (6) inch compact depth. limestone base
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BOORUM & PEASE
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
The improvements to College Main North and Francis Drive shall consist
of a six (6) inch compact depth limestone base with a one (1) inch asphalt
plant mix with concrete curbs to a width, measured from back to back of 37
feet, as provided in said plans and specifications; and
WHEREAS, the City of College Station has entered into a contract with
B -W Construction Company, Bryan, Texas
for the improvements of said Pershing Avenue, Shetland Street, Dexter Drive,
Ashburn Avenue, College Main North and Francis Drive, 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 endangers
the public health and safety and it is necessary that the improvements there-
of 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 COUNCIL OF 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 bs shown on
said rolls or statements being as follows, to wit:
005:9
BOORUM & PEASE
UM & PEASE
No. of
Name of Owner Description Front Feet Amount
D. B. Cofer Lots 1, 2, 3, 4, 5,
6, 3.7' 7; Blk. 1 Oakwood 280.7 $842.10
Allen M. Madeley Lots 46.3' of 7, 8;
Blk. 1 96.3 $288.90
Mrs. J. Wheller Barger Lots 9, 10, 11;
Blk. 1 " 150. $450.00
Mrs. S. W. Bilsing Lots 16, 17, 33' 18;
Bik. 2 110. $330.00
Howard Mitchell Lots 17' 18, 19, 20,
21, 22, 25' 23; Blk. 2 " 242. $726.00
E. C. Klipple Lots 25' 23, 24, 25'
25; Blk. 2 100. $300.00
H. L. Heaton Lots 25' 25, 26, 27;
Blk. 2 125. $ 375.00
J. W. Sorenson, Jr. Lot 28; Blk. 2 87. $261.00
Col. B. E. Nowotney Lots 17, 18; Blk. 4 120. $360.00
F. E. Smith Lots 19, 25' 20;
Blk. 4 " 75. $225.00
Clyde H. Blum Lots 25' 20, 21,
25' 22; Blk. 4 " 100. $300.00
P. D. Grant Lots 25' 22, 23;
Blk. 4 " 75. $225.00
J. G. Fagen Lots 24, 25, 26,
10' 27; Bik. 4 " 160. $480.00
B. J. Kling Lots 40' 27, 28,
10' 29; Blk. 4 " 100. $300.00
P. G. Haines Lots 40' 29, 30,
10' 31; Blk. 4 " 100. $300.00
J. C. Gaines Lots 40' 31, 32, 33;
Blk. 4 " 140. $420.00
E. B. Reynolds Lots 1, 2; Bik. 5 " 100. $300.00
J. Russell Couch Assoc., Lots 3, 25' 4;
Inc. Bik. 5 " 75. $225.00
W. H. Badgett Lots 25° 4, 5;
Blk. 5 " 75. $225.00
Harry W. Gooding Lots 6, 25' 7;
Blk. 5 " 75. $225.00
Tom H. White Lots 25' 7, 8;
Blk. 5 " 75. $225.00
R. B. Hickerson Lots 9, 10; Blk. 5 " 100. $300.00
C. C. Doak Lots 12, 13, 14,
10' 15; Blk. 5 " 160. $480.00
Mrs. Florence R. Eads Lots 40' 15, 16,
25' 17; Blk. 5 " 115. $345.00
Caroline Mitchell Lots 25' 17, ].8, 19,
20; Bik. 5 " 175. $525.00
,00900
BOORUM & PE,
Name of Owner
J. W. Sorenson, Jr.
H. E. Burgess
Col. B. E. Nowotney
C. H. Winkler
B'nai B'rith Hillell
Foundation
Mrs. Winfield Burchard
P. L. Downs, Jr.
Mrs, Erma D. Lancaster
F. B. Clark
Mrs. Eleanor Lamb Scoates
F. B. Clark
Oscar B. Boulton
Mrs. Margaret Duncan Mims
Ed Kidd
George B. Hensarling, Jr.
W. A. Varvel
E. O. Siecke
E. N. Rutherford
Bardin H. Nelson
C. H. Groneman
Raymond L. Rogers
Mrs. Winfield Burchard
N. A. McNeil
James M. Ward
N. M. Randolph
A. M. Gaddis
C. W. Landiss
Manning A. Price
Haile D. Perry
Robert J. Butler
Marion Pugh
Description
Lot 28; Blk. 2 Oakwood
Lot 14; Blk. 2 It
Lot 17; Bik. 4
Lot 1; Blk. 4
It
It
Lot 4; Blk. 20 College
Lot 4; Blk. 21
Lot Pt. 5;
Blk. 21
Lot Pt. 6;
Blk. 21
Lot 7; Blk. 21
Lots 8, 9; Blk. 21
Lots 10, ill;
Bik. 21
Lots 211, i12;
Blk. 21
Lot Pt. 13;
Blk. 21
Lots 15' of 13,
14; Blk. 21
Lots 1, 2, 3;
Blk. 21A
Lots 4, 36' of 5;
Blk. 21A
Lots 6, 7, 8;
Blk. 21A
Lot 9; Blk. 21A
Lots 10, 11;
Blk. 21A
Lot 470'; Blk. 22
Lot 205'; Blk. 23
Lot 195.2'
Lot 138'
Lot Pt. 6; Blk. 1
S.
Lot Pt. 7; Blk. 1
S.
Lot 8; Bik. 1
Lots 1, 2;
Blk. 2
Lot 3; Blk. 2
Lot 1; Blk. 3
Lot 5; Blk. 3
Lot 4; Blk. 4
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No. of
Front Ft. Amount
150.
150.
145.
145.
135.
135.
100.
100.
100.
225.
162.5
100.
100.
65.
180.
96.
153.
60.
160,
205.
195.2
138.
E. College Park 120.
E. College Park 100.
It 150.
19
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216.7
168.8
148.7
214.2
218.6
00901
$450.00
$ 450.00
$435.00
$435.00
$405.00
$405.00
$ 300.00
$300.00
$ 300.00
$675.00
$487.50
$ 300.00
$300.00
$195.00
$ 540.00
$ 288.00
$ 459.00
$180.00
$ 480.00
$1,410.00
$615.00
$ 585.60
$414.00
$ 360.00
$ 300.00
$ 450.00
$650.10
$506.40
$446.10
$642.60
$655,80
BOORUM & PEASE
Name of Owner
C. G. White
Dickie B. Haddox
W. P. Worley
Frederick A. Lewis
Charles E. Neelley
A. G. Caldwell
Ulrich Crow
Gibb Gilchrist
Leslie V. Hawkins
K. R. Bailey
Herbie T. Johns
G. W. Litton
Manning L. Smith
H. S. Creswell
Robert L. Ondrasek
Richard E. Pulaski
Louis Feldman
Luther Cobb
Archie Bane
Gus E. Biering, Jr.
Deryl D. Broers
Alfon 0. Quitta
Eli L. Whiteley
George W. Kunze
Tom D. Cherry
Norman Rose
Glen D. Hallmark
W. L. Ayers
W. M. Smith
H. R. Covington, Estate
Mrs. W. O. Reed
Church of Christ
Frank H. Mathews
Mrs. T. G. Gorbet
No. of
Description Front Ft. Amount
Lot 7; Blk. 4 S. E. College Park 149.1 $447.30
Lot Pt. 1; Blk. 5
" " 138. $414.00
Lots 10' of 1;
Pt. 2; Blk. 5 it11 100. $300.00
Lots 10' of 2,
3; Blk. 5 " " 110. $330.00
Lot 4; Bik. 5 " " 100. $300.00
Lot 5; Blk. 5 " " 100. $300.00
Lot 6; Blk. 5 " " 100. $300.00
Lots 9, 10;
Blk. 6 " " 174.7 $524.10
Lot 11; Blk. 6 " 11 100. $300.00
Lots 12, 13;
Blk. 6 H" 200. $600.00
Lot 14; Bik. 6 1t " 100. $300.00
Lot 15; Blk. 6 " " 100. $300.00
Lots NE pt. of
1 & 2
Lots 3, 4
Lot 5
Lot 150' of N.
pt. of 6
Lot 150' of 7
Lot N. pt. of
Lot 9
Lot 10
Lot 11
Lot 12
Lot 13
Lot 14
Lot 15
Lot 16
Lot 17
Woodland Acres
11 /1
Lots 21, 22;
Blk. 6 & 7
Lots 23, 24;
Bik. 6 & 7
Lot 25; Bik. 6 & 7
Lot 26; Blk. 6 & 7
Lot 27; Blk. 6 & 7
Lots 6, 7; Blk. 5
Lot 8, Bik. 5
Boyett
11
11
450.
300.
150.
150.
150.
229.
176.3
150.
150.
150.
150.
150.
150.
150.
150.
$1,350.00
$ 900.00
$ 450.00
$ 450.00
$ 450.00
$ 687.00
$ 528.90
$ 450.00
$ 450.00
$ 450.00
$ 450.00
$ 450.00
$ 450.00
$ 450.00
$ 450.00
100. $300.00
100.
50.
50.
64.8
100.
50.
$ 300.00
$150.00
$150.00
$194.40
$ 300.00
$150.00
02
BOORUM & PEASE
BOORUM & PEASE "No -T- R" ®
Name of Owner
Charles Opersteny
Charles W. Crawford
William Turner Mitchell
Ralph H. Mitchell, Jr.
W. R. Willis
Frank H. Mathews
Norma Sue Boyett
Lynwood Boyett
Church of Christ
Mrs. W. D. Lloyd
Our Saviour's Lutheran
Church
R. L. Jackson
C. W. Crawford
Mrs. C. R. Boyett
Norma Sue Boyett
R. L. Brown
R. L. Brown
Mrs. W. D. Lloyd
Charlie J. Scasta
Guy F. Boyett, Estate
Loraine Cox Mahan
Lynwood Boyett
Lynwood Boyett
Henry H. Walton
H. G. Thompson
J. H. Denton
Joe H. Sorrels
Robert L. Melcher
William R. Miller
K. A. Manning
O. M. Holt
W. F. Farrar
Description
Lot 9; Bik. 5
Lot 10; Blk. 5
Lot 15; Blk. 5
Lot 16; Blk. 5
Lots 17, 18; Blk. 5
Lot 6; Blk. 21
Lot 10; Blk. 19
Lot 11; Blk. 18
Lots 1, 2, Pt. 3;
Blk. 3
Lots Pt. 3, 4;
Blk. 3
No. of
Front Ft. Amount
Boyett 50.
" 50.
50.
50.
100.
140.
150.
40.
Lots 5, 6, 7, 8;
Bik. 3
Lots 1, 2, 3;
Blk. 4
Lot 4; Blk. 4
Lot 5; Blk. 4
Lots 6, 7; Blk. 4
Lot 8; Blk. 4
Lot 1; Blk. 22
Lot 1; Blk. 23
Lot Pt. 5; Blk. 23
Lot 6; Blk. 23
Lot 7; Blk. 23
Lots 8, 9; Blk. 23
Lot 9; Blk. 17
Lot Pt. 7
Lot Pt. 7
Lot Pt. 7
Lot Pt. 7
Lot Pt. 7
Lot Pt. 8
Lot Pt. 8
Lot Pt. 8
Lot Pt. 8
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135.
65.
200.
150.
50.
50.
100.
60.
142.
174.
50.
50.
75.8
100.
77.5
150.
220.
150.
150.
406.
430.
175.
185.
286.2
$150.00
$150.00
$150.00
$150.00
$300.00
$420.00
$450.00
$120.00
$405.00
$195.00
$600.00
$450.00
$150.00
$150.00
$ 300.00
$180.00
$426.00
$522.00
$150.00
$150.00
$227.40
$ 300.00
$232.50
$450.00
$660.00
$450.00
$450.00
$1,218.00
$1,290.00
$525.00
$555.00
$858.60
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.
00303
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BOORUM & PEASE
IV
A hearing shall be given by and before the governing body of the City
College Station, Texas, on the 24th day of June, 1963, 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 improvements,
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
c be closed and assessments will by ordinance and in accordance with law
} and the proceedings of the city be levied against the respective
parcels
oef of abutting property and the owners thereof, whether such owners be named
4 herein or not, and whether the property be correctly described or not. At
Lv such hearings anyone in any wise interested or affected may subpoena
witnesses and introduce evidence and have the right to appear g and be heard.
c V
Assessments against abutting property and the owners shall be a
personal liabilityof the owners of such
property and a first and prior lien
Q on the property against which assessments are levied, and shall be due and
oQ 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 assessment shall
be collectible together with reasonable attorney fees and cost of collection,
if incurred.
=O4
BOORUM & PEASE "Nim R"
VI
The improvements in each unit constitute an entirely separate district
and independent unit, and the proposed assessment for the improvement in
each unit is 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 of such hearing, and by such publi-
cation 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 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
if 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 publi-
cation 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
constitute 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
00305
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BOORUM & PEASE "N j R"
and effect from and after its passage.
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PASSED AND APPROVED this the 24th day of May, 1963.
ATTEST:
City Secretary
APPROVED:
Mayor