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1990V1160P802 FILED FOR RECORD .o DATE AT 30 O'CLOCK M t e3 8 6 w FRANK D ;,,-RI ;.IE AZOS COU' CLERK> /L �3.---4 CERTIFICATE I , DIAN JONES , City Secretary of the City of College Station , Brazos County, Texas, do hereby certify and attest that this is a true and correct copy of Ordinance No . 1832 of the City of College Station . As City Secretary, I have authority, control and custody of the records of the City of College Station . DATp:, . December 6 , 1989 DIAN JO►. ,S City Se ary • 1 s. • vo. 1160 PAG:802 DY ORDINANCE NO. 1832 AN ORDINANC„ CLOSING THE HEARING GIVEN TO THE REAL AND TRUE PROPERTY OWNERS ABUTTING UPON FIDELITY STREET BETWEEN FAIRVIEW STREET AND WELLBORN ROAD IN THE CITY OF COLLEGE STATION, TEXAS, AS TO SPECIAL BENEFITS TO ACCRUE TO SAID PROPERTY AND THE REAL AND TRUE OWNERS THEREOF BY VIRTUE OF THE IMPROVEMENT OF SAID STREET AND AS TO ANY ERRORS IN VALIDITIES OR IRREGULARITIES IN ANY OF THE PROCEEDINGS OVERRULING AND DENYING ALL PROTESTS AND OBJECTIONS OFFERED; FINDING AND DETERMINING THAT EACH PARCEL OF PROPERTY ABUTTING UPON SAID STREET, WITHIN THE LIMITS DEFINED, WILL BE SPECIALLY BENEFITED AND ENHANCED IN VALUE IN EXCESS OF THE AMOUNT OF THE COST OF SAID IMPROVEMENTS PROPOSED TO BE, AND AS ASSESSED AGAINST SAID PROPERTY , AND THE REAL AND TRUE OWNERS THEREOF, AND LEVYING AN ASSESSMENT FOR THE PAYMENT OF A PORTION OF THE COST OF IMPROVING SAID STREET, WITHIN SAID LIMITS DEFINED , FIXING A CHARGE AND LIEN UPON SAID PROPERTIES, AND THE REAL AND TRUE OWNERS THEREOF; ADOPTING THE ENGINEER'S ROLLS; AND PROVIDING FOR THE MANNER AND METHOD OF COLLECTION OF SAID ASSESSMENTS. WHEREAS , the City Council of the City of College Station, Texas, heretofore ordered on May 26, 1988, that the fol- lowing portion of a street in said city be improved by raising , grading , filling same, installing concrete curb and gutter and by paving and by installing sidewalks, 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 : Fidelity Street from Fairview Street to Wellborn Road , West Park Subdivision, Blocks 2, 3, 4, 5, 6, and 7, in the City of College Station, the College Park Subdivision, Block A and Block 9, Brazos County, Texas, all as shown on the map attached hereto as Exhibit A. WHEREAS, prior to the construction of the project the governing body prepared estimates of the costs of the improve- ments. WHEREAS, the City Council proposes to assess a portion of the cost of such improvements against the owners of the prop- erty abutting thereon and against such property; VOL 1160 FAG'803 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS THAT: I . The City of College Station does hereby assess a por- tion 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, and Chapter 3, Section 5-M in the Code of Ordinances for the City of College Station . II . Said Engineer' s Rolls or estimates be and the same are hereby adopted and approved as the amount to be assessed against the property owners. ' III . The several amounts proposed to be assessed against such parcels of property and the owners thereof are herein described in the letter from the Director of Capital Improvements as set out in Exhibit B, and that the assessments enhance the value of the abutting properties in an amount in excess of the cost of such improvements. 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 portion of the total assessment against such prop- erty in proportion as its, his or her respective interest bears to the total ownership of such property and its, his or her re- spective interest in such property may be released from the assessment lien upon payment of such proportionate sum. Iv .. A. hearing has been held by and before the governing body of the City of College Station, Texas on this the 29th day of November, 1989, at 7: 00 P.M. at the City Council Chambers of the City Hall of the City of College Station , Texas. Prior to -2- WL 116Opau 804 matters, testimony and objections considered at such hearing , the City Council has determined that the properties, and each and every parcel of said property abutting upon the street, have been enhanced in="value and specially benefited by the construction of such improvements in an amount in excess of the amount of the cost of such improvements and are hereinafter assessed against each of said parcels of property abutting upon said street and the real and true owners thereof. There being no further protests or testimony for or against or in reference to said improvements, benefits or pro- ceedings, said hearing granted to the real and true owners of properties abutting upon said street and to all persons, firms, corporations, and estates owning or claiming same or any interest therein, shall be and the same is hereby closed and all protests and objections, whether specifically mentioned or not, shall be and the same are hereby overruled and denied . 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 upon completion and acceptance by the City. Payment of balances due may be made at any time, with payment of principal and interest accrued to date of payment. Repayment may be made over a period of not to exceed five ( 5) years, with repayment of principal and interest in equal quarterly installments and interest at the rate of eight percent ( 8% ) annually. The first installment shall be due and payable on or before the first day of the calendar quarter following the date of the completion and acceptance of the street or road im- provements by the City, and a like installment on or before said day and month of each quarter thereafter until the entire sum is paid . If any of the installments above shall become delinquent for more than thirty ( 30 ) days, and if the Director of Finance does not grant an extension of time for proper cause shown, then any balance remaining unpaid at the time shall become due and payable immediately and the City Attorney shall be authorized to take legal action to foreclose the lien . VI . The City Secretary of the City of College Station is directed to ,give notice to the real owners of the property abutting upon the said portions of the street and to all others -3- von 1160 FA::805 interested , of the assessment levied and the amount thereof by publication in a newspaper published in and of general circula- tion in the City of College Station, Texas, and that further the City Secree'ary is to direct that notice be sent to each of the property owners of the assessment, the amount thereof, and the time in which it must be paid . 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 . PASSED and APPROVED this 29th day of November , 1989 . APPROVED: ATTEST: Dian Jon: City Sec - -ary APPROVED AS TO FORM: - o Cathy cke City Attorney -4- VOL 116Ora�:806 E 1 T i • 0 P1 "8 "1°4 C1') 1•••••1 F.C) ._.... w ,-J 37Y1d JRNd 3Y1d )12Nd m o I —7— i• n NO ^ .. 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ASSESSMENT JANNA MARIE KEEL* / WESTPARK SUBDIVISION 600 MONTCLAIR BLOCK 2, LOT 1 _—_ ___ _ 175.00— $12.96 -_-_$2,268.00 COLLEGE STATION, TEXAS 77840; 600 MONTCLAIR DAVID C. & PAMALA BURDICK WESTPARK SUBDIVISION 302 FIDELITY BLOCK 2, PT OF 2,3&4 85.00' $17.28 $1,468.80 COLLEGE STATION, TEXAS 778.0 302 FIDELITY TIMOTHY R. MANNING — `. WESTPARK SUBDIVISION 1106 GLADE (BLOCK 2, PT OF 2,3&4 i 130.00i $17.28 1 $2,246.40 COLLEGE STATION, TEXAS 77840 300 FIDELITY MARTIN K. & NANCY TERRY WESTPARK SUBDIVISION 1 I_-_ _ I - 317 KYLE \ BLOCK 5, LOTS 1&2 105.O0j $17.28I $1,814.40 COLLEGE STATION, TEXAS 77840 1 315 FIDELITY LESLIE H. COX �—WESTPARK SUBDIVISION E P.O. BOX 9546 BLOCK 5, LOT 3&25'0F4 I 75.00 $17.28 $1,296.00 COLLEGE STATION, TEXAS 77840 311 FIDELITY -- • ANNA JESSUP WESTPARK SUBDIVISION 707 TEXAS AVE. #113-E BLOCK 5, LOT 5&25'0F4 75.00 $17.28 $1,296.00 COLLEGE STATION, TEXAS 77840 I 307 FIDELITY HELEN PUGH WESTPARK SUBDIVISION 601 FAIRVIEW I BLOCK 5, LOT 6&25'0F7 75.00 $17.28 $1,296.00 COLLEGE STATION TEXAS 77840 305 FIDELITY - _ MARK ALLEN COPPOCK WESTPARK SUBDIVISION 301 FIDELITY f1 BLOCK 5, LOT 8825'OF7 75.00 $17.28 $1,296.00 COLLEGE STATION, TEXAS 77840 301 FIDELITY SUMMIT ENTERPRISES • WESTPARK SUBDIVISION P.O. DRAWER CM BLOCK 4, LOT 6&30'OFS 72.00 $17.28 $1,244.16 COLLEGE STATION, TEXAS 77841 1 100 FIDELITY . EDWARD G. COOK WESTPARK _SUBDIVISION - 205 GROVE BLOCK.4 LOT 4820'OF570.00 $17.28 $1,209.60 COLLEGE STATION, TEXAS 77840-— 104 FIDELITY __ --- -t r - -- ...— JACK HERNANDEZ _ /J WESTPARK SUBDIVISION j� T- 1305 LANGFORD BLOCK 4, LOT 3820'0F2 70.00 $17.28 f $1,209.60_ COLLEGE STATION, TEXAS 77840 106 FIDELITY • 1 DR. A.B. CATHCART WESTPARK SUBDIVISION I P.O. BOX 323 BLOCK 4, LOT 1830'0F2 80.00 $17.28 $1,382.40 COLLEGE STATION, TEXAS 77840 110 FIDELITY I _ J&L PROPERTIES WESTPARK SUBDIVISION _ 4223 SHA CIRCLE 1BLOCK 7, LOT 4 110.00 $17.28 $1,900.80 PASADENA, TEXAS 77504 101 FIDELITY PAUL L. HICKMAN WESTPARK SUBDIVISION 103 FIDELITY ST. BLOCK 7, LOT 3&25'OF2 80.00 $17.28 $1,382.40 COLLEGE STATION, TEXAS 77840 103 FIDELITY VOL. 1160rAst 808 Page 1 %i: EXHIBIT "B" I 31-Oct-89 ENGINEERS ROLL -- L— — .._l - ---- 1-. . . _ _ _ I. __ . FIDFIITY STRFFT - RFTWFFN WrIIfORN AND FAIRVIFU STRUTS , ESTIMATED i FRONTAGE , ASSESSMENT � TOTAL OWNER/ADDRESS I DESCRIPTION OF TRACT LINEAR FEET T $/L.F. ASSESSMENT JACK E. DE MUYNCH 0 _ WESTPARK SUBDIVISION i 107 FIDELITY ST. BLOCK 7, LOT 1&30'OF2 _ _ __ 1 85.00 $17.28 1 _ $1,468.80 COLLEGE STATION, TEXAS 77840 107 FIDELITY 1 - CHARLES L. GREIFFENSTEIN WESTPARK SUBDIVISION RT. 4 BOX 465A BLOCK 3, LOT 6&25'OF5 1 83.00 $17.28 $1,434.24 BRENHAM, TEXAS 77833 200 FIDELITY _ —. ------- BETTY FRY WESTPARK SUBDIVISION 6930 KENWHITE BLOCK 3, LOT 4&25'OF575.00 $17.28 $1,296.00 DALLAS, TEXAS 75231.5640 204 FIDELITY ___—____-_ —.___—,— — DAVID 0. SHELBY WESTPARK SUBDIVISION _ _ I BLOCK 3, LOT 3&25'0F2 206 FIDELITY ST. — 75.00 $17.28 $1,296.00 � COLLEGE STATION, TEXAS 7784.0 206 FIDELITY I 7 WILL SCHAEFFER JR. ' WESTPARK SUBDIVISION — 210 FIDELITY ST. f BLOCK 3, LOT 1&25'OF2 83.00 $17.28 $1,434.24 COLLEGE STATION, TEXAS 7780 210 FIDELITY O.D. BUTLER WESTPARK SUBDIVISION 700 THOMAS BLOCK 6, LOT 6&25'OF5 83.00 $17.28 $1,434.24 COLLEGE STATION, TEXAS 77840 201 FIDELITY MONTE P. TRINCKMANN WESTPARK SUBDIVISION 205 FIDELITY I BLOCK 6 LOT 4&25'OFS 75.00 $17.28 __.$1,296,00. COLLEGE STATION, TEXAS 77840 205 FIDELITY _—__--- 1___.___.._.___—_—_._-_.___._.. JANE C. SCHAEFFER 'WESTPARK SUBDIVISION 4808 McCARTY BLOCK 6, LOT 3&25'0F2 75.00 $17.28 $1,296.00 AUSTIN, TEXAS 78749 207 FIDELITY HARRY L. JONES WESTPARK SUBDIVISION 1900 COMAL CIRCLE BLOCK 6, LOT 1&25'0F2 83.00 $17.28 $1,434.24 COLLEGE STATION, TEXAS 77840 211 FIDELITY ERIC JOHN SCHULTE* I COLLEGE PARK SUBDV. 601 MONTCLAIR BLOCK A, LOTS 889 117.50 $12.96 $1,522.80 COLLEGE STATION, TEXA 77840 601 MONTCLAIR , _- LAMBERT H. WILKES COLLEGE PARK SUBDV. RT. 5 BOS 1257 BLOCK A, LOT 10&35'OF11 117.50 $17.28 A $2,030.40 COLLEGE STATION, TEXAS 77$45 600 FAIRVIEW LAIRD E. LAWRENCE* COLLEGE PARK SUBDIV. 500 FAIRVIEW BLOCK 9, LOTS 7,8&9 150.00 $12.96 $1,944.00 COLLEGE STATION, TEXAS 77840 500 FAIRVIEW _ MOORE & ASSOCIATES ETAL \\ COLLEGE PARK SUBDIV. I __ _ 1 _ 1224 W. MARTIN LUTHER KtNG \ BLOCK 9, LOTS 10&11 100.00 $17.28 $1,728.00 BRYAN, TEXAS 77803 413 MONTCLAIR 1 -_ T ' *NOTE: This property eligible for a 25% reduction in assessment for side lot frontage without access. — 1 1 / i Page 2 VI. 1160 PA:4809 1 ii 1