HomeMy WebLinkAbout1973-0888 - Ordinance - 07/23/1973ORDINANCE NO. 888
AN ORDINANCE DETERMINING TO ASSESS A PART OF THE COST OF IMPROVING
PORTIONS OF BROOKS AVENUE, BOLTON AVENUE, JANE STREET, AND LUTHER
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 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 Brooks Avenue described as follows:
Commencing at the intersection of Brooks Avenue and James Parkway,
thence in a northeasterly direction along Brooks Avenue until same
intersects Walton Drive.
All that certain portion of Bolton Avenue described as follows:
Commencing at the intersection of Bolton Avenue and James Parkway,
thence in a northeasterly direction along Bolton Avenue until same
intersects Walton Drive.
All that certain portion of Luther Street described as follows:
Commencing at the intersection of Luther Street and Farm to Market
Road 2154 (Old Wellborn Road), thence in a southwesterly direction
along Luther Street, six hundred and fourteen and fifty-nine
one -hundredths feet.
All that certain portion of Jane Street described as follows:
Commencing at the intersection of Jane Street and University Drive,
thence in a northwesterly direction along Jane Street until the
same intersects Cooner Street.
The improvements to Luther Street shall consist of a five (5)
inch compacted thickness black base and one (1) inch compacted
thickness hot mix asphaltic concrete surface with concrete curbs
and gutters to a width measured from back to back of thirty-nine
(39) feet as provided in the plans and specifications; and
The improvements to Bolton_Ave and Brooks Avenue shall
consist of a four (4) inch compacted thickness black base and one (1)
inch compacted thickness hot mix asphaltic concrete surface with
concrete curbs and gutters to a width measured from back to back
of twenty-eight (28) feet as provided in the plans and specifications;
and
The improvements to Jane Street shall consist of a four (4)
inch compacted thickness black base and one (1) inch compacted
thickness hot mix asphaltic concrete surface with concrete curbs
+� and gutters to a width measured from back to back of twenty-five (25)
feet as provided in the plans and specifications; and
Ordinance No. 888 Page 2
WHEREAS, the City of College Station has entered into a
contract with Dalworth Slurry Seal, Inc., of Arlington, Texas,
in the amount of $86,025.80 for the improvements of said
Luther Street, Bolton Avenue; Brooks Avenue, and Jane 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
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 factsconstitute 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 as shown on said rolls or statements being as follows, to wit:
Name of Owner Description No. of
Front Feet Amount
V. Y.
Merrell
Lot 8, Block 2
100
$400.00
Cooner
Kyle
Pearson
Lot 7, Block 2
100
400.00
Cooner
Bank
of A&M
Tract
60.89
243.56
Richard Carter
Bank
of A&M
Tract
129.80
519.20
Richard Carter
Ift175
Ordinance No. 888
Page 3
No. of
Name of Owner
Description
Front Feet
Amount
J. Garland Brown
Tract
143.78
$ 575.12
Richard Carter
J. Garland Brown
Lot 9, Block A
50
200.00
College Heights
J. Garland Brown
Lot 10, Block A
50
200.00
College Heights
J. Garland Brown
Lot 11, Block A
50
200.00
College Heights
Hoyett Taylor, Jr.
Lot 8A, Block A
60
240.00
College Heights
P. M. Andrews
Lot 8, Block A
50
200.00
College Heights
McNeil Fick
Tract
70
280.00
Richard Carter
McNeil Fick
Lot 12, Block A
80
320.00
College Heights
McNeil Fick
Lot 30' of 13, Block
A 30
120.00
College Heights
Mike Renghofer
Tract
120
516.00
Richard Carter
Mike Renghofer
Lot 50' of 13, Block
A 50
200.00
College Heights
Mike Renghofer
Lot 14, Block A
109
436.00
College Heights
David R. Mayo
Tract
150
600.00
J. E. Scott
George McCullough
Tract
489.5
1958.00
Estate
J. E. Scott
George Sousares
Tract
200
800.00
J. E. Scott
H. E. Burgess
Tract
133.2
532.80
J. E. Scott
James Teer
Lot 3, Block 14
162.39
645.56
College Hills Est
III
Sadie Hatfield
Lot 4, Block 14
100
400.00
College Hills Est
III
Sadie Hatfield
Lot 5, Block 14
80
320.00
College Hills Est
III
Sadie Hatfield
Lot 6, Block 14
75
300.00
College Hills Est
III
Sadie Hatfield
Lot 7, Block 14
75
300.00
College Hills Est
III
Sadie Hatfield
Lot 8, Block 14
75
300.00
College Hills Est
III
Sadie Hatfield
Lot 9, Block 14
75
300.00
College Hills Est
III
Sadie Hatfield
Lot 10, Block 14
96.66
386.64
College Hills Est
III
Arthur D. Bright
Lot 12, Block 15
69.49
277.96
College Hills Est
III
Robert I. Mitchell
Lot 13, Block 15
75
300.00'
College Hills Est
III
Wallace D. Beasley
Lot 14, Block 15
75
300.00
College Hills Est
III
E. W. Sayers
Lot 15, Block 15
75
300.00
College Hills Est
III
Ordinance No. 888
Page 4
No. of
Name of Owner
Description
Front Feet
Amount
Frank M. Smith
Lot 16, Block
15
75
$300.00
College Hills
Est
III
Aaron L. Miller
Lot 17, Block
15
75
300.00
College Hills
Est
III
Ed E. Powell
Lot 18, Block
15
80
320.00
College Hills
Est
III
Eldred E. Cochran
Lot 19, Block
15
80
320.00
College Hills
Est
III
John P. Phillips
Lot 1, Block
15
163.35
653.40
College Hills
Est
III
Charlie Clark
Lot 7, Block
13
114.91
459.64
College Hills
Est.
Amie C. Stafford
Lot 6, Block
13
77
308.00
College Hills
Est.
John C. Fowler III
Lot 5, Block
13
76
304.00
College Hills
Est.
Ran Boswell
Lot 4, Block
13
160.67
642.68
College Hills
Est.
Louise Dominik
Lot 1, Block
14
132.35
529.00
College Hills
Est.
William D. Harris
Lot 14, Block
14
80
320.00
College Hills
Est.
Norman C. Whitehorn
Lot 13, Block
14
80
320.00
College Hills
Est.
W. B. Harris
Lot 12, Block
14
80
320.00
College Hills
Est.
Robert L. Degner
Lot 11, Block
14
103.91
415.64
College Hills Est.
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 pro-
portion 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 27th day of August, 1973.
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 anywise 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 mistake, irregularities or invalidities in any of the proceedings
with reference to the making of said improvements, or assessments
p therefor may be corrected and the benefits by means of said improve-
Ordinance No.888
Page 5
ments, 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 anywise 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 anywise 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 proceedings of the city be levied against the res-
pective 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 anywise
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 (80) per annum, payable
annually, provided, any owner shall have the right to pay the assess-
ment 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.
VI
The improvements in each unit constitute an entirely separate
district and independent unit, and the proposed assessment for the
improvementin each unit is in no wise affected by any fact or cir-
cumstance 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
to give notice to the owners of property
portions of streets named to be improved
College Station is directed.,
abutting upon the said '
and to all others interested,
Ordinance No. 888 Page 6
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 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 anywise interested therein or to be affected therby,
shall be and are duly notified and no error or mistake in the name
of any property owners, 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 is
further directed, but not required to give further notice of such
hearing by causing a substantial copy of each 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.
Vzzz
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 mea-
sure, and such rules and provisions are accordingly suspended and
this ordinance is passed as and shall take effect as
measure and shall be in full force from and after its
PASSED AND APPROVED this
APPROVED:
rayor
ATTEST:
City Secretary
an emergency
passage.
020379 9