HomeMy WebLinkAboutORD 353 - ORD closing the New Hearing Given to the Real and True Property Owners
JI
. ..1
1._.1_.
..J.
52
ORDINANCE NO ~ 1>3
AN a!mINANCE CLOSING THE NEW HEARING GIVEN TO THE REAL AND TRUE
OWNERS OF PROPERTY ABUTTING ON:
SECTION NOl. ,3~ UNIVERSITY ,BOULEVARD FROM THE EAST LINE
OF MERCER 'STREET TO THE EAST LINE OF
SEWANEE STREET
SECTION NOl. 6: UNIVERSITY BOULEVARD FROM THE WEST LINE,
, OF AUDEN STREET TO THE EAST LINE OF
WESLAYAN STREET
SECTION NO. 6-K: UNIVERSITY BOULEVARD FROM THE WEST LINE,
OF WESLAYAN STREET TO THE WEST LINE OF
ACADEMY STREET
SECTION NOl. 6-B: UNIVERSITY BOUIEVARD FROM THE WEST LINE
OF ACADEMY STREET TO THE EAST LINE OF
COOMUNITY DRIVE
AND TO ALL QtrHER INTERESTED PARTIES, AS T,O SPECIAL BENEF):TS TO ACCRUE
, TO SAID PRO}$R'l'Y AND THE TRUE ONNERS THEREOF BY VffiTUE OF THE IMPROVE- '
,MEN'I'S, ,AND AS TO THE PROPOSED NEW ASSESSMENTS, THEREFOR, AND AS TO THE
,ACCURACY, SUFFICIENCY, REGULARITY AND, VALIDITY OF THE PROCEEDINGS AND
CONTRACT IN CONNECTION WITH SAID IMPROVEMENTS AND ASSESSMENTS, AND ANY
MATTER OR THING CONNECTED THEREWITH; FINDING AND DETERMINING THE REG-
ULARITY OF ALL PROCEEDINGS AND THE PERFORM!, NCE OF ALL PREREQUISITES TO II
FlnNG AND LEVYING THE ASSESSMENT LIENS AND THE PERS CNAL LIABILITY OF ,U'
PROPERTY OWNERS: OVERRULING AND DENYING ALL PRmESTS AND OBJECTIONS
OFFERED, EXCEPT AS TO PARTICULAR CASES::::. MENTIONED; FINDING AND DETERMINING
SPECIAL BENEFITS TO EACH PARCEL' OF PRO'PERTY AND THE OWNERS THEREOF BY
REASON OF SAID IMPROVEMENTS IN EXCESS OF THE AMOUNT OF THE RESPECTIVE
ASSESSMENTS AGAINST SAME; LEVYiNG NEW ASSESSMENTS, FIXING A CHARGE AND
LIEN ,AGAINST THE RES~CTIVE PROPERTIES ABUTTING ON THOSE ~RTIONS OF
SAID STREETS TO BE IMPROVED AND AGAINST THE TRUE OWNERS THEREOF FOR THE
PAYMENT OF PART OF THE COST OF THE IMPROVEMENTS WITHIN THE LIMITS DE-
SCRIBED; PROVIDING FOR THE ISSUANCE OF ASSESSMENT CERTIFICATES A:ml THE
MANNER OF ~HEIR COLLECTION; AND DECLARING AN EMERGENCY.
!l
, I
L
WHEREAS, the City Commission of the'City of West University Place, Texas,
has heretofore, by Ordinance No. 335, passed and approved January 6, 1947, as
amended by Ordi,nance No. 338, passed and approved March 5, 1947, determined the
necessity for, and ordered the permanent improvement of, certain streets in the
City of West University Place, Texas, including those portions hereinabove and
hereinafter mentioned, by the construct.ion t.hereupon of a 7tt reinforced concrete
pavement 'With monolithic curbs, and appurtenances and incidentals to such improve-
ments, in accordance with plans and specifications referred to and approved in and
by said ordinances, said streets and portions thereof having been by sai. d ordin-
ances segregated and divided into separate and segregated sections; and
WHEREAS,- a contract has been entered into by and between the City(:anci' ~
Holland Page for the construction of certain improvements as authori2tedby ;:,
Ordinance of April 3, 19a7; and pursuant to subsequent proceedings ai1dnotices,
all as required by and in fu11 compliance with the Constitution and Laws. of the
State of Texas and the Charter of the City of West University Place" Texas,
o
L~
[I
~......L__
53
assessments against the properties abutting upon said respective streets and
portions thereof and against the real and true owners thereof have heretofore
been levied by Ordinance duly and regularly passed; and
WHEREAS, subsequent to said hearing, it has been necessary to segregate
and divide those portions of University Boulevard originally designated as
Section No.3, and as Section No.6, into separate, segregated"sections, includ-
ing those in the caption hereof and hereinafter set forth, necessitating a new
estimate of costs and a new he aring and new notices to the owners of property on
said subsequently segregated sections as to Ydlich the improvement has not been .
abandoned; ,and the engineers for the' City, pursuant to law and the above ordinance
prepared and filed and estimate of the cost of said improvements and of the various
portions thereof as to said segregated Sections Nol 3, No.6, No. 6-A and No. 6-B,
hereinafter set forth, which estimate and statement of other. matters relating
thereto has been examined, approved and adopted by the City Commission; and
WHEREAS, by its Ordinance No. 352, duly and regularly passed and approved on
July 30, 1947, said City Commission of the City of'West Uniyersity Place, Texas
ordered that a new hearing be given to all o'WIling or claiming allVproperty abut-
ting upon any of the respective portions of the streets therein and herein, set out,
and included within any' of the designated sections, and to all o'Wiling' and claiming
axry interest therein, and to all interested, in any as se ssmeni:i. 'or, ~,of the pro-
ceedings wi. th reference thereto, as to the proposed new: assessmelitsand proceedings
and on arry matter as to which hearing isa constitutional prerequisite and as to
the amounts of the proposed assessments, the,lien and liability i;hereof, the special
benefits to the abutting property and owner thereof by means, of said improvements
for which ~sessments are to be levied and as to the accuracy, sufficiency, regular-
ity and validity of the proceedings and contract in connection with 'such improvements
and p."oposed ~sessments, and converning any other matter or thing as to 'Which they
are entitled to a hearing under the ]a ws of Texas, and theChfl,Tte;r of the' City of
West University Place, Texas, wi.th the right and oppo1"t;uni'ty to contest the amounts
of the proposed assessments and all other such matters' and things; said heBr:tng to
be held 'by and before the City Commission of the City of West University Place"
Texas at 7 :30 p.m. on August 15, 1947 in the City Hall of said City, at 1Jbich time
and p1a.ee all of such parties might appE!ar and be heard on all such matters; said
Ordinance further ordering and directing the City Secretary to give notice of said
hearing by public advertisement thereof, as therein specified, in accordance with
the law and the Charter and Ordinances of the City of West University Place, Texas;
and
WHEREAS, said Notice, as ordered and directed by the City Commission and as
required by the terms and provisions of Chapter 106 of the Acts of the First Called
Session of the 40th Legislature of tne S,tate of' ,Texas, commonly known as Article'
1105(b), 'Revised Civil Statutes of Texas, 1925; heretofore adopted by the City of,:
West University Place, Texas in and as a part. of the Charter of said City, ,and as
required by the Charter and Ordinances of said City, has been duly given by adver-
tisement thereof by publication of same in the Southwestern Times 14 designated as
the official newspaper of the City, on July 31, and August 7 and , 1947, and by
publication of said notice on August'l, 8 and 14, 1947 in the Hnl1!'lt.nn P""'!'l$ J. pub-
lished in Houston, Texas, being the nearest to the City of West University Place
,Texas of general circulation in Harris County, wherein said City is located; said
notice 'so published havingd.escribed the nature of the improvements for which
assessments 'Were proposed to be levied and to which such notice related, having
s,tated the highways and the portion or portions thereof to be improved, the esti-
mated amounts per ,front footrproposed to be assessed against the owners of abutting
l' "
'1':]
II
I '
JI
,I
L_l.
. ..1
54
"-
property, and such property on each such highway and each respective portion
thereof with reference to which the he aring mentioned in said notice was to be
held, and having stated thef esait1llld. atted ttotal cdohast ?f th~ timPdrothevemet~ts ondea1ch of ""]
said segregated portions 0 s s ree s, an v1ng s",a: e 1lIle an pace
at -which such hearing should be held, and said notice having given additional
information and having, in all' respects, fully met and complied with - all pro-
visions of law and of the Charter and Ordinan~es, of said City requisit~ or per-
tinent thereto; and' ,
WHEREAS, at such hearing, uf,which notice has been given as above s:tated,
various property owners and other parties interested in the proceedings. appeared
and made statements and gave testimony and additional testimony and evidence was
given by the Engineers for the City, and by real estate experts familiar with the
proposed improvements, the resPective properties on the streets to be improved,
and the present condition of the existing streets; and at said hearing all parties
desiring to be heard concerning any of the matters mentioned in said Ordinance No.
352 and in said notice, and as to any other mat,!#ers connected with said proceedings
and said proposed improvements, contracts and assessments and the amounts thereof,
the lien' and 1iabi;tity thereof and the special benefits to respective abutting
properties atl.d owners by means of said improvements" and concerning the accuracy,
sufficiency, validity and regularity of the proceedings and contract in ,connection
with such improvements and proposed assessments, and concerning any other matters
or things with reference thereto, having been heard and their statements and evi-
dence duly considered, and said City Commission having heard evidence as to the '
special benefits of and to said abutting properties, and each parcel thereof, and
to the respective owners thereof in the enhanced value of said respective properties
by means of such improvements and said City Commission having heard and considered
the evidence and haVing given a full and fair hearing, to all parties appearing or ,!I-I
desiring to appear, and having determined at su~h hearing said special benefits
as aforeSaid, and having determined that there is not to 'be assessed against
said abutting properties and the respective owners thereof more than all the cost
of constructing curbs and 9/1Oths of the remaining cost of Such improvements
(exclusive of intersections), as shown on the estimate of the Engineers for the
City;, and having ,determined that the Front Foot Plan or Rule is .j,!-st and equitable
except in particular cases wherein, in the opinion of the City Collllllission, the
application of such rule would result in injustice or inequality, and in each of
which particular cases the City Commission has apportioned and assessed the costs
of such improvements in,Jproportions found 'and now declared, by it to be just and
equitable, having in view the special benefits in enhanced value to be received by
such respective parcels of property and the owners thereof, the equities of such
owners and the adjustment of such apportionment so as to produce a substantial
equality of benefits received and burdens imposed, each cof which, adjustments and
appo~ionments have been taken into consideration and made in the assessments
hereinbelow set forth; and said City Commission having' determined that by the
application of said Front Foot Plan or RUle and the apportionments in particular
cases do produce a substantial equality of benefits received, and burdens imposed,
and having determined at said hearing that the assessments hereinbelow made and
the charges hereby declared against the property o-wners and their respective prop-
erties are, in all things, just and equitable,and that ia each instance the assess- '
ment made against any parcel of property arid its owner is less than the special
benefits to said properly and the ovmer thereof by means of said improvements,
and that, with the exception of apportionments and .adjustments in particular cases
which have been granted and allowed in determiI;iing the anounts of the assessments 1=
hereinbelow made, all other objections and protests should be overruled and
,denied; and '
[
u
u
55'
WHEREAS, all proceedings with reference to the .making of the improvements
hereinabove meiltioned have been regularly had and duly and legally taken end
. performed in full compliance with the law and the Charter and Ordinances of the
City of West University Place, Texas, and all prerequisites to fixing the assess-
ment lien ag8..inst the properties hereinafter listed, and the personal Ii ability
of the respective owners thereof, have been performed, and upon completion of
each respective separate and segregated section into ~ich the work has been
divided, and upon the acceptance thereof by the City of West University Place,
assignable certificates should be issued in evidence of said assessments and
liens, and the personal liability of the true owner O}r owners of the respective
properties, whether correctly named or not, all as provided bylawand by the
Charter and Ordinances of the City; Now, Therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF T HE CITY OF WEST UNIVERSITY
PLACE, TEXAS:
Section 1. That there being no furliher testimorw or evidence or protest,
for or against the improvements heretofore ordered, at said hearing granted to
the true owners of properties abutting upon:
Section No.3: University Boulevard from the East Line of Mercer Street
to the East line of Sewanee Street;
Section No.6: University Boulevard from the West line of Auden Street
to the East line of Weslayan Street;
o
Section No. 6-A:University Boulevard from the West Line of Wes1ayan Si;reet
to the West Line of Academy Street; and
Section No. 6-B:University Boulevard from the West line of Academ;.v Street
to the East Line of Community Drive;
and within the limits above defined, and upon arfy of the respective portions of
said streets included :withinarry of the designated sections as hereinafter
stated, and to all owning and claiming any interest therein, and to all inter-
ested in a:rry al3sessment or any of the proceedings with reference thereto , or in
any of the matters hereinabove mention~d,' said hearing should be, and the same is
hereby', closed.
Section 2. That the City Conunission finds and determines and so declares
that each of the steps and proceedings hereinabove mentioned, and all proceed-
ings with reference to the making of the improvements on
Section No. 3: University Boulevard from the East Line of
Mercer street to the East Line' of Sewanee Street;
Section No.6: University Boulevard from the West Line of
Auden Street to the East Line of Wes1ay.an Street
Section No.6-A: University Boulevard from the West line of
Wes1ayan S'!ireet to the West Line of Acad.em;.v Street
Section No. 6-B: Uni versi ty Boulevard from the West Line of
Acaderitv Street to the East Line of Community Drive,
r- T:'", "..,.. "'I' -I
!I
I'
JI
.. ..1
L..!._. _ .
..1.
56
as herein stated, have been duly, legally and regularly had, ,taken and per-
formed in full compliance with the law and the Charter and Ordinances of the
City of West University Place, Texas; that all prerequisites to the maldng of
the above mentioned April 3, 1947 contract, and all prerequisites to the fixing
of the assessment 1iEm against the respective pr.operties hereinafter listed,
and the personal liability of thelreSpective pvmers thereof, "Wheuher correctly
named or not" and whether known or unknovm, have been, in all things, met,
performed and complied "With; that all persons interested have been given a
full and fair hearing on all matters and things in connection with said im-
provements and assessments; that there is not to be assessed against the a-
butting properties and the owners thereof more than all the cost of curbs and
9/1oths of the remaining cost 'of such: improvements (exclusive of intersections)
as shovm on the new estimate of the Engineers for said City; that adjustment
and apportiomnent, of costs among all properties and the owners thereof have
been made in full compliance with the law and with the Charter and Ordinances
of the City, so as to produce a substantial equality of benefits received and
burdens imposed; and that the special benefits to each parcel .of property and
the owner thereof in the enhanced value thereof by means of said :lmprovements,
as determined at said hearing, are, in each instance" in excess of the amount
of the assessment made against such parcel of property and its owner, and _
that the new assessments, liens and charges herein levied,,' de.clared and fixed
agaiilst said properties and their owners, are, in all things, just and equii-
able; and that all protests and objections" other than those taken into con-
sideration in fixing the amounts of the assessments and liens., as hereinafter
stated, and whether specifica~ herein mentioned or not" should be, and the
same are hereby, in all things" overruled and denied.
Section 3. That the City Commission of the City of West University Place,
Texas" being the governing body of said City, pursuant to the Ordinances
and all other proceedings' heretofore passed and helf, and pur.auant to the
above mentioned April 3, 1947 contract and the new estimates, reports, lists
and statements of the Engineers for the City" and pursuant to the new notice
and hearing hereinabove mentioned and by virtue of the powers conferred by"
and the provisions of, the above mentioned Chapter 106 .of the Acts of the
First Called Session of the 40th Legislature of the State of Texas, commonly
known as Article 1105(b), 1ievised..Civi1 Statutes of Texas, 19a5, heretofore
adopted by the City of West University Place" Texas in;, and as ,a part of, the
Charter of said City, does hereby fix and determine and does hereby levy and
assess against the respective properties abutting upon the highways and the
portion or portions thereof heretofore ordered improved and against the real
and true owners, thereof, whether hereinafter correctly named or not, the re-
spective amounts set opposite the names of the respective apparent o-wners, and
the descriptions of the respective properties; said properties, the apparent
owners thereof and the assessments against each, ,being divided and segregated
according to the respective se.parate and segregated sections, of the streets
to ~ improved, into which the work has been divided, to-wit:
Section No.3: University Boulevard ,from the East Line of Mercer
Street to the East Line of Sewanee Street
Section No.6: University Boulevard from the West Line of Auden
Street to the East Line of We1sayan Street
[~I
LJ
II
U
]
[]
a
[
Section No. 6-A: University Boulevara from the west line of Wes1ayan
Siireet. to the West Line of Academy Siireet
Section No. 6-B: University Boulevard from the West line of Acadel1\Y ,.
Street to the East Line of Community Drive
57
the descriptiohofsaid properties and the apparent o'WIlers'thereof, respectively,
and the several amounts so assessed being:
For improvement of Universit Boulevard Section No. 40' wide, from E. Line of
Mercer to E. Line Sewanee Under April 3, 19 7 Contract 'with Holland Page, C'ontractor
Cost per linear 'front foot for curb 1.19. Paving rate per front foot 9.11:
B1k. - front- Paving -CUrb
Property O'wner" ~ Addition Lot No. age cost Cost
NORTH SIDE
J .G. Ligon et ux West University
Glenna Ann Ligon" 45 Place 2nd Addition
C .L. Smith et ux'
Barbara P. Smith 45
J.E. McMahon 45
"
"
Ray W. Turner et
,ux Anna Lay " 45
Arthur J. Penick' 45
tI
tt
Total North Side
SOUTH SIDE
Wm. C. Bridges 24 Wewt University
Place 1stAddition
Ruth Bridges 24 "
Arthur R. Dew et'
ux Billie V. Dew 24 It
Sherrill W. Raley
et ux Melba L. tI 24 "
Lorene Hart a feme
sole 24
.tI
Total South Side
TorAL SECTION
(North & South)
W i
4
50'
E ]"
z
4
50'
50'
wi5
455.50
59.50
o Total
515.00
515.00
515.00
E i 5 50' 455.50 59.50 515.00
6 100' 911.00 '119.00 1030.00
300' 2733.00 357.00 '3090.00
W i 9 50'
E ~ 9 50'
W 70'8 70'
E 30' 0
8 & W 65'
35' of
E 65' 7 65'
455.50
455.50
59.50
59.50
455.50
455.50
59.50 515.00
59.50 515.00
$37~70
83.30 721.00'
592.15
77.35 669.50
592.15
77.35 '669.50
357.00 3090.00
300' 2733.00
600 5466.00
714.00 6:180.00
58
JI
. .1
1_ _..
..1
For improvement of University Boulevard, Section 6, 30 feet "Wide, from Wline of
Auden St! to E. Line Wes1ayan St. Under April 3, 1947. Contrc;ct with Holland "l
Page Contractor. Cost per linear front foot for curb 1.19 Pavmg rate per front
foot 6.86.
Blk.
No. Addition Lot No.
NORTH SIDE
18 Co11egeview 1st. Ad 10 & 11
Property owner
C. W. Trigg
Chas. H. YoUng et
Bertha B. " 18
Dr. H. C. Sloop 18
H.H.Boyd Sr. et ux
Kathleen Shivers n 18
Martin Black 18
W.E.Foster et ux .
Lelia Marie" 18
Fred Finke at ux
Opal Finke 18
Herbert A.S.Buchler 18
Mrs. Sara Small et
. vir Justin W." '~17
W. Glenn Allen et .j
, Mi1dred'A. Allen' 117
I
. Lenard W. Li tt1e et~
ux Laura Jean n 17
. Mrs. Gussie Rosenoe 17
J. Searcy Bracewell '
. J~. ," 17
Mrs. Emmie McCabe e
. vir Eric McCabe 17
. Mrs. Lillian Carr' etJ
vir J. Gerald Carr 116
J. Gerald Corr et "...1
, Lillian 'Corr ' l17
Paul L. Young et ux
Vanice YoUng 17
"
"
"
" '
It
n
"
"
"
"
"
It
"
It
tt
It
i
I '
fotal North Side
12
13
14
15
16
17
18
E 62-2'
of Lot 1
11
vi 5' 10
12
13
14
15
16
17
18
. Front- Paving
_age Cost
100 686.00
50 343.00
50' 343.00
50 343.00
50 343.00
50 343.00
50 343.00
460.99
426.61)
377.30 I
1
I
343.00
343.00
50
343.00'
I
5.0
343.00
50 343.00
50 343.00
50 343.00
I
934.4 6409.98
Curb.
Cost Total
805.00
402.50
59.50 402.50
59.5b 402.50
59.59 402.50
59.59 .402.50
59:50 402.50
79.97'
74.01
540.96. ]
, I
~
500.70
65.45 442.75
,59.50 402.50
59.50 402.50
59 So 402.50
59.50 402.50
59.50 402.50
59.50
59.50
402.50.
402.50:]
1111.93 7524.91
59'
B1k. Front- Fating Curb
Property OWner No. . Addition . Lot No. I age Cost Cost Total
SOUTH e SIDE
[J Maud A. Dixen(Widow) 15 Co11egeview 1st 0
Addition 9 50 343.00 59.50 402.50
Blum E. Hester et ux
Elaine Hester 15 It 8 50 343.00 59.50 402.50
; c'
oW. J. Collier et ux
Virginia A.' Collier 15 It 7 50 343.00 59.50 402.50
.Herman A. ']schunw et
ux Rosemary F. " 15 It 6 50 343.00 59.50 402.50
!
/"R~ A. Polk et ux e 50 59.50 402.50
Loraine Polk 15 It 5 343.00 I
,.Elbert S. Dalton et I. .59.50
ux: Lois E. It 15 II. 4 50 343.00 402.50
I e
J). J. McConnell et ,ux I
Mary McConnell 15 " 3 50 343.00 ' 59.150 402.50
,M. J. Whitehead et <ux
Ruth Whitehead 15 " 2 50 343.60 59.50 402.50
f
:Wesley Weed 15 If 1 67.2 460.99 79.97 , 540.96
rl
U~ G.E.King 16 " 9 67.2 460.99 79'.97' 540.96
Wm. Wolman et ux
Elsie Wolman 16 It 8 50 343.00 59.50 402.s0
John Hughens et ux
Mrs. S.B. Hughens . 16 " 6&7 100 ~86.00 119.00 805.00
Coastal Bond & Mort-
gage Company 16 " 5 50 343.00 59.50 402.50
Fred R. Splawn 16 It 4 50 343.00 59.50 402.50
D. J. Haeying et ux
Myrtle Haeying 16 ," 3 50 343.00 59.50 '402 .50
Richard L. Denham et
ux ~ra R. Denham 16- " 2 50 343.00 59.50 402.50
J. A.. Smith et ux
Evelyn Smith 16 " 1 50 343.00 59.50 402.50
Total South Side 34.4 6409.98 11.94 r21.92
n
U TOO'AL SECTION 6
(North- & South) 868.8 12819.96 j5046.83
I
I
I
"
!
,.. .,. ." ..._, . ..'] I' II
60
JI '
. _I
...-,.-.. .
;
, ..1
For Improvement of University' Blvd. Se,ction No.6-A, from W. Line of Wes1a.yan to
W. Line of AcadentV St. Under April 3, 1947 Contract with Ho11and Page, Contractor
Cost per linear front foot for curb $1.19. Paving rate per t>ront foot $6.86.
,Front.l. Paving Curb.
Property Owner Blk. Addition Lot No. age Cost Cost Total
e .
Sam S. Hankins et ux
Alice Hankins 1
. .
Leslie Hobson Nav
et ux Anna "1
,
Louis Park et ux
Sibyl " 1
Gordon R. King et
ux Edna H. It 1
. .
Charles E. Emmert
et ux Jewel G. tt 1
^ "
James F. Daniel
et ux Ruby tt
1
-
Frank E. Bonniwe
& Lillian E. If 1
Geo. B. Murray Jr
et ux Mary Loui"se If 1
Delbert Ray Waggo er
et ux Imogene " 1
E.E.Chr1stiansen
et ux f'eckly E.," 34
Chris Bertelsen e
ux.Anna If 34
Richard G. Wright
et ux Edna If 34
Mary Katherine
Straat~ a feme ~o e34
CurleY,Mor1au e"!i
ux Juani tJil E." 34
Avice M. Young &
Barbar<!- A. ,Youn~
both a feme sole 34'
George Hall Baker {',
et ux Ida Belle
Baker 34
Mathews Place
Addition
10
It
11
It
12
"
13
"
14
"
15
If
16
It
17
It
,18
Total North Side
SOUTH SIDE
55.10
56
56
56
56
56
56
56
56
l
i
,
---....J
377.99 65.57 . 443.56
384.16 66.64
384.16 66.64
384.16 66.64
384.16
66.64
450.80
450.80
450.80
, 450.80
; 450.80
450.80 -----.,
I ,
450.80 LJ
503.1 3451.27 598.69- . 4049.96
450.80.
Co11egeview 4th Lot 10
Addition ess S 14' 50
"
9
"
8
"
7
"
6
,"
5
"
4
50
50
50
50
50
50
384.16 66.74
384.16 66.64
384.16 66.64
384.16 66.64
343.00 59.50
343.00. 59.50
343.00 59.50
343.00 59.50
,343.00 59.50
343.00 59.50
343.00 59.50
402.50
402.50
402.50
402.50
402.50"'~1
I I
, I
I I
I~
402.50
402.50.
61
1~1k. Front.., Paving Curb
Pmperty Own!3r No. Addition Lot No. age Cost Cost Total
.~ , C'ollegeview 4th
Thelma E. Chambers 3&E
et Vir G.C. " 34 Addition 30' of 2 80 548.80 95.20 644.00
Geo. C. Chambers et
ux Thelma E. Chambe s 34 " l&W
20' of 2 70 480.20 83~30 563.50
TOO'AL SOUTH SIDE ' 500 3430.00 595.00 4025.00
,
TOO'AL SECTION 6 A
1003. 0 6881.27 1193.69 8074.96
D
'~
o
z:: ~ - ..:. - ..
, Itl
JI
1..-... .
.'. . "I
62
For improvement of University Boulevard Sect~on Section No. 6-B, from W. Line of
AcadeII\Y st. to E. Line of Community Drive. Under April 3, 1947, Contract "With J
HoIland Page, Contractor. Cost per linear front foot. for curb $1.19. Paving
rate per front foot $6.86.
Front- Paving Curb-
Property Owner ~Blk. ' Addition ' Lot No. ' age cost. Cost I Total
Horace T. Masters n
. et ux Margaret V. 24 Colonial Terrace 13 58.84 403.64 70.02 473.66
. Robert E" Bussard
et ux Katheryn n 24 It 12 50 343.00 59.50 402.50
Ray Scott et ux
- Faris Scbtt 24 It 11 50 343.00 59.50 402.50
Joseph C. Seale
Geneva D. Seale 24 " 10 50 343.00 59.50 402.50
Robert L. Bunch
et ux Nora B. n 24 n 9 50 343.00 59.50 402.50
Raymond A. Croker
et ux Alice G. " 24 " 8 50 343.00 59.50 402.50
Dr. H. C . Sloop 24 n 7 50 343.00 59.50 402.50 I
I I
George A. Jarvis I
et ux Ann M. " 24 n 6 50 343.00 59.50 402.50 U
Norman C. Hurd et
ux Dorothy E. " 24 " 5 55 377.30 6545 442.75
Joe Reinhardt at
ux Merle n 24 tt 4 55 377.30 65.45 442.75
Frank W. Briggs
et ux Ennna Briggs 24 II 3 55 377.30 65.45 442.75
R.F.Herndon Jr. e
ux Jeanette " 24 tt 2 I 55 377.30 65.45 442.75
E.R.. Scho1ton et
Agnes C. Scho1 ton " 1 60 411.60 71.40 483.00
J met Souter et r 12 & 5' 56.3 386.22 67.00 453.22
CJ.e1ard Souter, J . 12 "
Daniel C. Hultman at .45' 11
ux Elizabeth " 12 " 15' 10 60 411.60 71.40 483.00
~
L. E. Tully et ux .35' 10 483.00 lJ
J~S. tt 12 n .25' 9 60 411. 60 71.40
Theo. Finn et till .25' 9
Elizabeth E. " 12 It 40' 8 65 445.90 77.35 523.25
6 ~~J.,
Section 6-B, con't. 0
B1k. Front- Paving Curb
Property ,Owner No. Addi;\iion Lot No. age 90st Cost Total
~ NORTH SIDE (CON'T
Colonial Terrace Ad
Bp.rney K. W;i1son et , 7 & WlO'
ux'Pauline Wilson 12 tt 8 60 411.60 71.40 483.00
"" e 6 50 343.00 59.50 402 .50,
~colm Colf3 & tela , 12 It
Joe Cole (a feme so
formerly husband &
Hoy W. Vaughn et ux 343.00
Maye1a H. Vaughn 12 " 5 50 59.50 402.50
,
J. V. Davis et ux
Bernice Davis 12 " 4 50 343.00 59.50 402.50
II
u.
o
o
o
,65:
Section 4; That said several amounts herein assessed, together 1ti.th interest,
expense of collections, and reasonable attorneys' fees, if incurred, shall be and
the same are hereby declared to be a first and prior lien on and against said re-
specti ve abutting properties, which lien shall be superior to all other liens and
claims except state, county and city ad valorem taxes; and sai. d amounts so assessed,
together with said other items, shall be and same are hereby declared to be personal
Ii abilities and charges against the true owners of said properties, respectively
whether correctly named or not, all as profided in and by said Article 1105{B)of
Vernon's Annotated Civil Statutes of Texas; and such assessments and said other items
shall be collectib1e and the liens enforceable in any court having jurisdiction; and
shall be a personalliabi1ity and charge against the said owners of the property
assessed; that said sums so assessed shall be payable as follows, to-wit: In ten
equal installments, mne installment payable within thirty d.a;vs after the completion
of said imprQvements and the acceptance thereof by the City of West University Place,
and another installment to be due and payable on the respective dates ~n1, 2, 3, 4,
5, 6, 7, 8 and 9 years, respectively, after said date of such acceptance, with inter-
est on the respective sums so assessed, and each installment thereof from said date
of acceptance" at the rate. of Fiv.e Per c.ent (5%) per annum, payable annually, and
'With interest on principal and interest after the respective maturity dates at Eight
Per cent (8%) per' annum; provided, hQ:wever, that the assessments so levied and the
certificates 'to be issued'in evidence thereof against properties on the ,respective
segregat~;d sections, as hereinabove set out, shall date from, and be issued as o~
the date of the completion of the improvements on each respective section, separate.-
ly, and the acceptance thereof by said City; and provided further,. that, in the event
of'defa'l11t in payment of alV installment of any such assessment and certificate when
due, whether of principal or interest, the whole of such assessment and certificate
may be matured and declared due at the option of the J10lder thereof; provided, further,
that said respective property owners shall have. the privilege of paying anyone or
more of said installments before their maturity, by PB3'Illent of principal and interest
thereon.
Section 5: That for the purpose of' evidencing said assessments, the liens
, securing same. and the. sever~ . sums payable by said property O"Wllers and the time and
. terms of payment, and to aid in the enforcement thereof, assignable certificates
shall be issued by the City of West University Place to the contractor, or~signs,
upon completion and acceptance of each r.-espective segregated section of said improve-
ments, which certivicates shall be executed by the Mayor and attested by the City
Secretary, with' the corporate seal affixed, and shall be payable to said Holland
Page or assigns; said certificates shall declare the said amounts, and the time and
terms of payment thereof, the rate of interest payable thereon, the description of
the respective properties against which the aforementioned assessmems have been
levied, sufficient to ide~tify same, and same shall contain the name or names of
the apparent owners thereof.'
Said certificates shall further set forth and evidence the assessments levied
and shall declare the lien upon the respective properties anq. the liability of the
true owner or Olmers thereof, whether correctly named or not, and shall provide
that if default be made in the payment thereof, same shall be enforced by a suit in
any court having jurisdiction.
-~-
And the said certificates shall further provide that if default be made in the
payment of any installment of principal or interest thereon when due, then at the
option of said Holland Page or assigns, being the owner and holder thereof, the
whole of said assessment shall become at onee due and p~ab1e and shall be collectible
I"
, , "'J
I'
i(
JI
,I
l,.., '
..J
66
,~
"With interest, expense of collection and a reasonable attorneys' fee, if incurred.
Said certificates shall further recite that the, proceedings with reference to
making the improvements therein referred to' have been regularly had in compliance
with the law and the Charter of the City of West University Place, and that all
prerequisites to the fixing of the assessment lien against the property described
and the personal 1iability of the owner or' owners thereof have been performed, which
recitals shall be evidence of all the matters recited in said certificate end no
further proof thereof shall be required.
Section 6. That the' City of West University Place shall not be liable in aI\V
manner for the payment of my sum hereby assessed, but said City s8.all exercise
its Charter powers and the powers conferred upon it by law when requested so to do
by the holder of said certificates to aid in the co11ection~'thereof.
, .
o
Section 7. That the new estimate, noti,ce, hearing md new assessments herein~
above mentioned, levied and made being with reference to only the properties on
said specifically: enumerated se.ctions No.3, No.6, No. 6-A and No. 6-B, with ref-
erence to which only the new hearing was ordered, all proceedings heretofore he;ld
and all assessments heretofore levied .with reference to properties, other than those
in said particularly listed sections, shall remain in full force and effect and
unaffected hereby.
Section 8. The fact that the portions of the streets herein defined are in
need of improvement as promptly as possible creates a public emergency and, there-
fore, this 'Ordinance shall be passed finally on the date of its introduction this []
the 15th day of August, A.D., 1947, and shall take effect immediately upon its
passage and approval by the Mayor. '
Passed this 15th day of AllgJlSt., A.TI., 19),7
Commissioners R~m1A+.t'J ncmg1~~~, T.::mmnn ~nn Armer.. limd Mayo.. Le8" Voting aye.
Commissioners None Voting Noe.
, APPROVED this l.,th day of Au~st.J A..TI.,
191,7 jJD~
, .
8~
ATTEST:
,/
APPROVED :
c~~f)/~
\
o