HomeMy WebLinkAbout1980-1213 - Ordinance - 03/27/1980ORDINANCE NO. 1213
AN ORDINANCE DETERMINING TO ASSESS A PART OF THE COST OF IMPROVING A PORTION OF
EISENHOWER, STERLING, POPLAR, THOMAS, AND PEYTON STREETS, THE CITY OF COLLEGE
STATION, TEXAS, AGAINST ABUTTING PROPERTY AND THE OWNERS THEREOF; ADOPTING
ENGINEER'S ROLLS; PROVIDING FOR NOTICE OF HEARING•
WHEREAS, the City Council of the City of College Station, Texas, has heretofore
ordered that the following portion of a street 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 portion of said street being as follows, to wit;
all that certain portion of Eisenhower, Sterling, Poplar, Thomas, and Peyton
Streets described as follows:
See Ordinance No. 1208.
The improvements to these streets shall consist of a six (6) inch crushed limestone
base, with one and one half (1 112) inches hot mix asphaltic surface course,
complete with concrete curbs and gutters to a width, measured from back to back
of 28 feet, as provided in said plans and specifications; and
11 WHEREAS, the City of College Station has entered into a contract with the Young
Brothers, Inc., in the amount of $187,537.00 for the improvements of said streets,
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 a 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
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.
4W
0829
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Ordinance No. 1213
page 2
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 state-
ments being as follows,
to wit:
Eisenhower Street
NAME /OWNER
DESCRIPTION FRONT FOOTAGE
TOTAL
Patsy Perry
Lot 3 Block 25 of
D.A. Smith Subd.
190
$2,280.00
Home Finders Realty
Lot 1 of Armstrong
Subd.
99
$1,188.00
George Pilgree
c/o HiLo Auto Supply
Lots 9 &10 of
Visoski Subd.
129
$1,548.00
Edward Boyd
Lot 5 Block C of
College Heights Subd.
76
$ 912.00
Norbert J. Wilcox
Lot 6 Block C of
College Heights Subc.
70
$ 840.00
John Otts, Jr.
Lot 11 Block 2 of
Cooner Addition
145
$1,740.00
Thomas L. Gerke
Front 1/2 of Lot 1
Block 3 of Cooner
Addition
64.5
$ 774.00
R.L. Hunt
Back 1/2 of Lot 1
Block 3 of Cooner
Addition
79.5
$ 954.00
Robert G. Nash
60' of Lot 5
Block B of College
Vista Subd.
111
$1,332.00
Charles H. Slade
Lot 5 Block C of
College Vista Subd.
112
$1,344.00
Walter E. Kruager
Lot 6 Block C of
College Vista Subd.
56
$ 672.00
Peyton Street
Mrs. Ethel Banks
Lot 1 Block 5 of
Prairieview Heights
80
$ 960.00
James R. Williams
Lot 3 Block 5 of
Prairieview Heights
50
Ui2;F6.00
Ordinance No. 1213
page 3
Ozden Okuruz
Lot 4 Block 5 of
Prairieview Hieghts
50
$
600.00
Leland A. Carlson
Lot 5 Blcok 5 of
Prairieview Heights
50
$
600.00
George P. Cerda
Lot 6 Block 5 of
Prairieview Heights
50
$
600.00
Wm. A. Bryant
Lot 7 Block 5 of
Prairieview Heights
50
$
600.00
Wm. Abrahamson
Lot 8 Block 5 of
Prairieview Heights
50
$
600.00
Lucille Young
Lot 9 Block 5 of
Prairieview Heights
50
$
600.00
Johnie Sanders
Lot 10 Block 5 of
Prairieview Heights
50
$
600.00
Mrs. Gertrude Love
Lot 11 Block 5 of
Prairieview Heights
85
$1,020.00
Mrs. Ethel Banks
Lot 24 Block 4 of
Prairieview Heights
80
$
960.00
Robert Carle
Lot 22 Block 4 of
Prairieview Heights
50
$
600.00
W.E. Crenshaw
Lot 21, Block 4 of
Prairieview Heights
50
$
600.00
Vincent E. Anderson
Lot 20 Block 4 of
Prairieview Heights
50
$
600.00
Annette Redell
Lot 19 Block 4 of
Prairieview Heights
50
$
600.00
Bill Gilbert, Jr.
Lot 18 Block 4 of
Prairieview Heights
50
$
600.00
Gary Lynn Smith
Lot 17 Block 4 of
Prairieview Heights
50
$
600.00
David L. Sefton
Lot 16 Block 4 of
Prairieview Heights
50
$
600.00
Howard Chamberlain
Lot 15 Block 4 of
Prairieview Heights
50
$
600.00
W.T. Gilbert
Lot 14 Block 4 of
Prairieview Heights
85
$1,020.00
Thomas Street
Garland Cannon
Lot 3 of Dulaney
63 @12.00
Addition
56 @ 6.75
$1,134.00
Ordinance No. 1213
Page 4
Wm. P. Kuvlesky
Lot 5 of Dulaney Addn.
90 @ 6.75
$ 607.50
Lucian M. Morgan
South 100' of Lot 8 Block
4 of Woodson Village Subd.
100
$1,200.00
Woodson Lumber Co.
Lots 21 & 1 thru 6
Block 8 of Woodson
Village Subd.
212
$2,544.00
Poplar Street
George Pilgreen
Lots 10 & 11 of
c/o HiLo Auto Supply
Visoski Subd.
127
$1,524.00
J.P. Watson
Lot 12 of Visoski
Subd.
66
$ 792.00
Yo Fu Lee
Lot 13,14 & 22' of 15
of Visoski Subd.
154
$1,848.00
K.D. & Ted Kilpatrick
Lots 16 & 44' of 15
c/o Sonic Drive In
of Visoski Subd.
95
$1,140.00
Francis Larey
Lots 15' of 16
c/o Sam Cangelose
& 35.4' of 17 of
Visoski Subd.
49.5
$ 584.00
U -Haul of Houston
Lots 12 & 13 of
Armstrong Addition
170
$2,040.00
Homefinder Realty
Lot 1 of Armstrong
Addition
61
$ 732.00
Jose C. Montemayor
Lot lA of Armstrong
Addition
57.8
$ 693.80
Fredrick Thornberry
Lots 2 & 3 of
Armstrong Addition
115.6
$1,387.00
Martin Hsieh
Lot 4 of Armstrong
Addition
57.8
$ 693.80
Charles H. Freeman
Lot 5 of Armstrong
Addition
57.8
$ 693.80
Raymond Schoppe
Lots ¢ & 28.4' of 7
Armstrong Addition
86.2
$1,034.40
Chu Chin Chen
Lots 8 and 1/2 of 7 of
Armstrong Addition
87.2
$1,046.40
Celia A. Wisnieski
Lot 9 of Armstrong
Addition
60
$ 720.00
„✓
Larry J. Wisnieski
Lot 10 of Armstrong
Addition
60
$ 720.00
U -Haul of Houston
Lot 11 of Armstrong
147
Addition
0�1,, ?;?
Ordinance No. 1213 Page 5
Sterling Street
Geraldine Hester Lots 17 thru 20 of
Richards Addition 432 $5,184.00
Annie M. Harris SW 55' of Lot 55
Block 1 of Richards
Addition 55 $ 660.00
John G. Otts Lots 52C, 55B -58B
& 42.1' of 58
Block 1 of Richards
Addition 542.10 $7,105.20
Ronald Cruse Lots 53 & 59 & 4' of
63 & 54, Block 1 of
Richards Addition 299.00 $3,588.00
Thelman Harris 61,62 & 100' of 63
Block 1 of Richards
Addition 332.1 $3,985.20
Burnest Hines Lots 39 -42, Block 2
of Richards Addition 412.8 $4,953.60
Elester Hines Lots 37 & 38, Block 2
of Richards Addition 206.4 $2,476.80
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 9th day of April, 1980 at 4:00 P.M. at the City Council
Chambers 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 therefor may be corrected 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
Q =3
Ordinance 1213 page 6
as to any mistakes, 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 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 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
(30) after the 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 percent (8%) per annum, payable annually, 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 costs of
collection incurred.
VI.
The improvements in each unit constitute an entirely separate district and inde-
pendent 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 notict 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 (10) 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 thereby, shall be and are 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 invali-
date such notice of 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.
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Ordinance No. 1213 page 7
PASSED AND APPROVED this the 27th day of March, 1980.
Z:
Mayo r
ATTEST
City Secretary
03225