HomeMy WebLinkAboutORD 381 - ORD Closing the Hearing given to the Real and True Owners
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ORDINANCE NO. 381
AN ORDINANCE CIDSING THE HEARING GIVEN TO THE REAL AND TRUE OWNERS OF PROPERTY
ABUTTING ON:
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RICE BOULEVARD FROM THE WEST LINE OF KIR.B1T DRIVE TO'THE WEST
LINE OF, BEUIONT STREET; .!ND
WAKEFOREST STREET FROM THE NORTH LINE OF RICE BOULEVARD TO THE
NORTH LINE OF PLUMB STREET;
AND TO ALL OTHER INTERESTED PARTIES, AS 'TO 'SPECIAL BENEFITS TO ACCRUE TO SAID "
FROPEm AND THE TRUE omm::as THEREOF BY VDtTUE ,OF THE IMPROVEMENTS, AND AS TO THE
PRORlSED ASSESSMENTS THEREFOR, AND AS , TO THE ACCURACY, SUFFICIENCY, REGULARITY
Am VALIDITY OF THE, PROCEEDINGS AND CONTRACT IN, CONNECTION WITH SAID IMPROVEMENTS
AND ASSESSMENTS, AND ANY MATTER OR THING CONNECTED THEREWITH; FINDING AND 1ETER-
MINING THE REGULARITY OF ALL PROCEEDINGS AND THE PERFORMANCE OF ALL PREREQUISITES
TO FmNG AND LEVnNG THE ASSESSMENT LIENS AND THE PERSONAL LIABILITY OF PROPERTY
ONNERS; OVER~ULING AND DENYING ALL PRaI'ESTS AND OBJECTIONS OFFERED, 'EXCEPr AS TO
PARTICULAR CASES MENTIONED; FINDING 'AND DETERMINING ,SPECIAL BENEFrrS TO EACH
PARCEL OF 'PROPERrY AND THE ~ THEREOF BY 11EASON OF SAID IJ4PROVEJIIENTS IN
EXCESS OF THE AMOUNT OF THE RESPECTIVE ASSESSMENTS AGAINST SAME; LEWING ASSESS-
HENTS, FIXING A CHARGE AND LIEN ~GAINST THE RESPECTIVE PROPERTIES."ABurTING ON
THOSE PORTIONS OF SAID ST,REETS TO BE D4PR0VED AND AGAINST THE TRUE OWNERS THEREOF
FOR THE PAYWNT OF PART OF THE COST' (F THE :r:MPROlVEMENTS WITHIN THE LIMITS
DESCRIBED; PRDVIlDING FOR THE ISSUANCE OF ASSESSMENT CERTIFICATES .ANlJ) THE MANNER
"/OF THEIR COLLECTION; AND DECLARING AN EMERGENCY. . ,
VfHEREAS" the City Commission of the City of West University Place"
Texas, has heretofore, by Ordinance NQ. 370, duly and regularly passes and
approved April 14" 1948" determi~d the necesf!ity for and ordered the improvement
of certain streets in the City of West University PlaCe" Texas, to-wit:
Rice Boulevard from the west line of Kirby Drive to the west
line of Belmont Street; and .
Wakeforest Street' from the north line of Rice Boulevard to
the north line of Plumb Street;
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in accordance with plans and specifications prepared by the Engineers for the
City" and approved by the City Conunission in said Ordinance" by the construction
upon said portions of said streets of a reinforced conerete pavement with mono;"
lithic curos and a.ppurtenances and incidentals to such improvements, all as 1Ilore
specificaJ.1y sho'WIl by said plans and specifications; and which improvements were
divided and segregated into separate and segregated sections as hereinafter set
forth; and
'WHEREAS ~ pursuant to advertisement therefor seaJ.ed bids were duly and
regularly received and examined" and pursuant to report and recommendation by the
Engineer for the City" and after appropriation to cover the estimated cost to the
City of such improvements, aJ.l as provided by the Charter of said City and by law 11
and in !ull compliance therevdth,said City Conmission of the City of West IJ
University Place" Texas, did by its Ordinance No. 375" dulyapd regularly passed
and approved May 10, 1948" awarding a contract for :the const:rU~ion of said
improvements to Russ Mitchell, Inc. on its lowest secure bid~ . ch contra.ct has
been heretofore fully executed; and '
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WHEREAS, upon examination of the estimates of costs of said improve-
ments and of the various portions thereof theretofore prepared by the Engineer,
as earlier required, said City" ColIllirission of the City of West University Place,
Texas, by its Ordinance No. 376, duly and regularly passed and approved May 10,
1948, ordered that a hearing be given to all oWning or claiming ~ property abutting
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 owning and clatming any
interest therein, and to all interested in any assessment or any of the proceedings
with reference thereto, as to the proposed assessments and proceedings and on any
matter as to which hearing is a constitutional prerequisite and as to the amounts
of the proposed assessments, the lien and liability thereof; the special benefits
to the abutting property and owner thereof by means of said improvements for which
assessm:mts are to be levied and as to the accuracy, s~ficiei1cy, regularity,' ~d
validity of the proceedings and contract in connection with such improvements and
proP9sed assessments, and conCerning any other'matter or thing as to which'they ,
are entitled to a ,hearing under the laws of Texas, and the Charter of West Univer-
sity Place, Texas, with the right and opportunity to contest 'the am~unts of the
proposed assessments and all other such matters and things; said hearing to be
held by and before the City Commission of the City of West University Place, Tex~,
at 7:30 P. M. on'~ 28, 1948, in the City H~l of sBid City; at which time and
place all of such parties might appear and be heard on all such matters j 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 tems and provisions of Chapter 106 of the Acts of the First
Called Session of the 40th Legislature of the State of Texas, commonly known as
Article llo5 (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
advertisement thereof by publication of same in the ~O'Jt~swm T_s, designated as
the official newspaper of the City, on M~ 13, 20, and 21, 1948, ,and by publication
of said notice on May 15, ~ and 24, 1948, in the Hn"$"tnn Pr~Si", published in
Houston, Texas, being the nearest to the City of West University Place, Texas, of
general circulation in Harris County, wherein said City islocat.edj said notice so
published having described the nature of' the' improvements for which assessments were
proposed to be levied and to which such notice related, having stated the highways
and the portion or portions thereof' to be improved, the estimated amounts per front
foot proposed to be assessed against the owners of a~tting property, and such
property on eacl;l 'such highway and each respective portion thereof with reference
to which the hearing mentioned in said notice was to be held, and. having stated the
estimated total cost of the improvE;mlents on each such highway and each of the
segregated portion or portions thereof, and having stated the time and place at
which such hearing should be held, and said notice having given additional informa-
tion and having, in all respects, f~ met and complied with all provisions of law
and of the Charter and Ordinances of said City requisite or pertinent thereto; and
WHEREAS~ at such hearing of 'Which notice had been given as above stated,
numerous property owners and other parties interested in the proceedings appeared
and made statements and gave testimo~ and additional testimony and evidence was
given by the Engineers for the City, and by real estate experts familiar with the
prop:>sed 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 conceminga.ny of the, matters hereinabove and in said Ordinance
No. 376 and in said 'notice mentioned, ala as to any other matters connected with said
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proceedings, and concerning any other matters or things with reference thereto,
having been heard and their statements and eVidence duly and fully considered;
and said City Commission having heard evidence as to the speci81' benefits of and ]
to said abutting properties, and each parcel'thereof, and to the respective I
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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
desiring to appear; and having deteImined at such hearing said speciaJ. . benefits
as aforesaid, and having d.etennined that there is not to be assessed against said
abutting properties and the respective O'WIlers thereof more than all the cost of
constructing curbs and 9/10th of the remaining cost of such improvements
(exclusive of intersec1;ions), as shown on the estimate,of the Engineers for the
City; and having deten:idned that the Front Foot Plan or Rule, is just and equitable
except in particular cases whe~in, in the opinion of the City COmmission, 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 prowrtions 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 substan-
t181 equality of benefits received and burdens imposed, each of which adjustments
and apportionments have been taken into consideration and made in the assessments
herein below set forth; and said City Commission haviilg determined that by the
application of said Front Foot Plan or Rule ,and the apportionments in particular
cases' ~ produce a substantial equality of benefits received and burdens imposed,
and having detenn1ned at said hearing that the assessments hereinbelow made and'
the charges hereby declared against the property owners and their respective
properties are, in all things, just and equitable, and that in each instance the !.l
assessment made against, a~ parcel of property and its owner is less thaIi the U
special benefits to sa~d property and the owner thereof by means of said improve-
ments, and that, w.i. th the , exception, of apportionments and adjustments in 'particular
cases which have been granted and 8J.lowed in de,teI'11i ni.ng the amounts of the
assessments hereinbelow ~ade, all other objections and protests should be over-
ruled and denied; and
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WHEREAS" all proceedings with reference to ,the making of the improVe-
ments hereinabove mentioned have been regUlarly' had and dulY. and legally taken and
perforinedin 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 against the properties hereinafter listed, and the personal liability of
the respective owners thereof, haye been performed, and upon completion of each
respective separate and segrega,ted section into :which the 'WOrk has been divided,
and upon the acceptance thereof by the City of West University Place, assignable
certificates should be ~ssued in evidence of said assessments and liens, and the
personal liability of the tru.e owner ~r owners of the respective properties,
whether correctly named or not, all as provided. by law and by the Charter and
Ordinances of the City; NaN, THEREfORE, ,
BE IT ORDA.INED BY THE CITY COMMISSION OF THE CITY OF WEST UNIVERSITY
PLACE, TEXAS:
Seetion 1. That, there being no further testimony or evidence or
protect, for or against the improvements heretofore ordered, at said hearing
granted to the .tru.e o'WUers of properties abutting upon:
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, Rice Boulevard from the west line of Kirby Drive to the west
line of ~rby Drive to the west line of Belmont Street; and
Wakeforest Street from the north line afRice Boulevard .to
the north line of Plumb Street;
and 'Within the limits ,above defined, <J,nd upon any of the respective portions of
said streets included wi thin any of the designated sect~ons as hereinafter
stated, and to all o'WIlingand claiming. any. interest thereiD., and to all interested
~n any assessment or an:y of the proceedings 'With reference thereto, or in arry of
the matters hereinabove mentioned, said hearing should be, and the same is hereby,
closed. '
Section 2. That the City Commission finds and detennines and so
declares that, each of the steps and proceedings hereinabove mentioned, and all
proceedings 'With reference to the making of the improvements on:
Rice Boulevard from the west line of Kirby Drive to the
Vie,st line of Belmont Street; and
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Wakeforest Street from the north line' of Rice Boulevard
to, the north line of Plumb Street;
as herein stated, have been fuly, legally, and regularly had, taken, and perfonned
in full compliance 'With the law and the' Charter and Ordinances of the City of
West University Place, Texas; that all prerequisites to the making of the above
mentioned May 10, 1948, contract, and all prerequisites to the fixing of the
assessment lien against the respective properties hereinafter listed, and the
personal liability of the respective owners thereof, ,whether correctly named or
not, and whether lmown or unlmown, have been, in all things, met, performed, and
complied with; that all persons interested have been given a full and fair hearing
on all matteire and thin~ in connection with said improvements and assessments;
that there is not to be assessed against the abutting properties and the owners
thereof more than all the cost of curbs and. 9/10ths of the remaining cost of
such improvements (exclusive of intersections), as shown on the estimate of the
Engineers for said City; that adjustment and apportionment of costS$l0ng all
properties and the owners thereof have been made in full compliance wi. th '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 vaJ.ue thereof
by means of said improvements, as detezmined at said hearing, are, in each
instance, in excess of the amount of the assessment made against su~h parcel of
property and its owner, and that the assessments, liens and charges \~erein
levied, declared, and fixed against said properties and their owners; are, in
al.l things, just and equ:i.table; and that an. protests and objections, other than
'those taken into consideration in fixing the 8.IOOunt of the assessments \and liens,
as hereinafter stated, and whether specifically herein mentioned' or not, should
be, and the same are hereby, in all things, overruled and denied.
Section 1.. 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 held, and pursuant to the above mentioned
May 10, 1948, contract and the estimates, reports, lists, and statements of the
Engineers for the City, and ~rsuant to the notice and hearing hereinabove
mentioned and by virtue of the poErs conferred by, ald the provisions of, the
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164
abOve mentioned Chapter 106 of the Acts of the First called Session of the 40th
Legislature of the State of Te~aa, commonly' known as Article no, (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 Ci ty ~ does hereby fix and
detennine and does hereby levy and assess againSt the respective properties
abutting upon the hig~ and the portion or portions thereof heretofore, order-
, ed improved arid against the real all;d true o:wners thereof, whether hereinafter
cO!Tectly named or nOt, the'respe9-ti'i!e amounts set oppo~ite the names of the
respective apparent owners and the desc,riptions of the respective properties; ,
said properties, the apparent ovm.ers thereof and the assessments against each,
being divided and segregated according' to the respective separate and segregs,ted
sections, of the streets to be improved, into which the work has been divided,
to-wit:
Section No.1, ~Rice Boulevard from the west line of Kirby
Drive to the west line of Belmont Street;
and .
Section No.2: Wakeforest Street from the north line of Rice
,BoUlevard to the north line of Plumb Street;
,
the description of said properties and the appa~nt O1mers there,of, respectively,
and the several amounts so assessed being:
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V'IEST UNIVE,'RSITY PLACE, TEXAS PAVING ASSESSMENT
16B
For improvement of RICE BOULEVARD Section No.1, 31 feet wide, from West line Kirby.
Drive to West line Belmont Street, urider~ay lQiJ.<:..1948~'contract with RUSS MITCHELL, INC.
Contractor. Cost per'lineardront foot for paving with monolithic curb $6.00 and
$4.50 as directed by Ordinance No. 376.
SOurHSIlE OF STREET
Property Owner
2
"Bloc
No. ·
Addition
Front Front Ft.
Lot No. age Rate
Randall R. Kunzman
10 irginiaCourtsAdd.
A.M. Bale, et' me
Marian Bale 10
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1
Charlotte C. Gene, .
separate property &
Estate 9
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2
Mrs. Lillian N'ewsome"
Crawford, rls 9
Gerhard J. Kluppel 8
Richard H. Parker, et
ux Rosemary Parker 8
J. Hoffman, et we
Anna Hoffman
"
1
2
"
"
1
"
2
7
T. G. Gready" et ox
Emma. E. Gready
Arthur B~ Smith,
Coperton Smith
Floyd Lee Kersh,
Eunice ,Kersh
7
"
I 1"55
6 II
1
10 Rice Court Addi tio
1
George A. Beck, et
Hattie F. Beck
9 II
12
Elmer A.Shingle, et
ux Dacia Elizabeth ?
Shingle
"
9
"
II
Julian W. Hymers1 et'
ux Mildred Hymers
"
10
9
W. H. Hamrick, et ux
Thelma Hamrick
"
9
9
J. C. Goldston, et
Betty Jean Goldston
9
n
2r!"O"", '
. ;i~ ,: '!~, .
Ft. 8
Wendell H. Hamrick,
ux Thelma Hamrick
9 "
" '
E.2.5.0
Ft. 8
1...:'
. ~. -=: -, .::J.
---=--r :
" .11
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100.0
6.00
100.0,' 4-50
100.0 4.50
100.0 6.00
100.0 4.50
100.0 4.50
100.0
100.0
91.0
101.3
,55.0
.50.0
.50.0
.5o.a
2.5.
4.50
6.00
6.00 '
4..50 ,
6.00
6.00
6.00
6.00
6.00
6.00
Tot
600 ' 00
4.50 00
, 450 00
600 00
450 00
o 450 00
450
00
, 600
00
.546 00
,4.56 21
"330 00
300 00
300 00
300 00
1.50 00
1.50 00
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Rice Court Addition
(con't)
J. c. Goldston, et
ux Betty Jean
Goldston 9
II
Sam R. Gribble, et
ux Barbara B,
Gribble 9
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H. J. Chavanne" ~t
ux Hazel P.
Chavanne 9
n
Tillie Louise
Burkhardt, fie
Henry J. H~uschi;tdl
et ux Wilmar
Hauschild ' 9 !
Nathan H. Colish~ II 'II
et ux Frieda. .
Colish I 91
Nathan H. Co1ish", .\
et ux Frieda COli, sr 9 'I'
Total for
"NORTH SIDE
., 'i J
Morse Wholesale, 1 j
Confectionezy, a. I " i
partnerShip com- i ,i I
posed of RobertE.t I '
Morse, Wm. D. Me.rsp, ., I
Jr..,Mrs. E.,.,H. Morte.5 JVirginia Court Add.
John E. James, e:t I ' .l I
ux Helry M. James I ' 5 I "
John A. Nyberg" .eti .II I,
ux Nana L. Nyberg 4 f If
Mable Morse, f/s 'I 4 I If
'1
3 I
I
3 'f
Johnnie T ripo do '. e .1
ux Bessie Trippodo 2 I
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9
II
'II
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P. L. Buvens" et
Marie L. Buvens
It
w. J. Pav1u
"
"
B. M. Boysen, et u
Ne!lie 'W. Boyse~
"
John W. Neel, et uk ~
Virginia L. Nee1r 1 i
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15
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7
, 75.0 6.00
450 00
I-I
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--.!
9
f)O.o. 6.00
360 00
5
55.00 6.00
330 00
4
50.00 6.00
300 ' 00
3
2
15
00.0
I
60.001 6.00
I I
50.0' 6.00 300 00
, I '
1 55.0 6.00 l' 330 100
outh Si of St.reet - -' $9,012 n-:-
STREET"! I , , !
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16 ~oo.o I 6.00
15 ~OO~O' '4.50
16' loo.o
16
15
00.0
r.o
ro.o I
lao.co
I
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I
8
I
91.01
J
f
f
?
i
360 00
-
,
I
600 00
450 00
4.50
450 00
450 00
4.50
4.50
4.50
450 00
450 100
I.
450 ioo
" '
!
450 ioo
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409 !50
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4.50
4.50
4.50
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Rice Court. Addition
Alfons Salinger, et
ux Rosalie Salinger 5 ' Rice Court Addition
George E. Burpee, et
ux Caroline S. Burpe 7,
James I.Allen,et ux
Gladys Marie Allen 7
Charles A;; Myers, et
ux Clara Myers 7
Carlos S. Fleiscbm
et ux Bonnie Fleisch
mann
W. J. Quinlan
J. F. Hairston, et
Vivian Hairston
John T. !Wberts, et
Silvia C. Roberts
, Wilma Munn Smith,
of Blakely Smith
F red Miller, et ux
I da Miller ,
. "
,
7
7
7
13 ' 191.5
4.50
It
3,24,&25 155.0
6.001
ft
22
It
21
ft
.70.0 Ft
26' ,
tt
50.0 6.00
50.0 6.00
70.0
6.00
,60.0 6.00.
.5.0 ft.
9 & all
8 60.0 6.00
tt
"at. -0' tt 17
-c;j;fl (' ~a.{v,<Z~e6'-/1 c>( L.~- v,(c:;-o, 3'
7
. ,:.
L
tt
16
50.0
60.0
16'1
. 4$6 76
930 00
300~00
, '
300 00
420 00
J..-
360 00
360 00
300 00
360,00
14 & 15 105.0 6.00
Tot forNo h sid of stree
Tot for Sou h sid of stree
Tot for Ric Boulvard
tt
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WEST UNIVERSITY PLACE, TEXAS, PAVING ASSESSMENT
For improvement .of WA~OREST STREET, Section 2, 31 feet wide, from, N. L. RIOE BLVD.
UriNe L. PLUMB STImETJ,1D1MA.Y 10, 1948, contt:t with USS CHELL .
contractor. Cost per linea front foot for pav with onolit 'c, curb as
directed by Ordinance No.3 6. ,
, l EAST SIDE OF ST., ,
Property Owner Block' ',ronti,ront :Ft. '
No . Addition Lot No. age Rate 'fotal
Alf'ons Salinger,et ux
Rosalie Salinger 5 Rice Courts Add. 13 ~O 6.00 360 00
Carl E. Peterson, at
ux GertrudeM.
Peterson . ~ · 5 f
William Arthur Arnold L
Jr., et ux Thelma M. I
Arnold e I . 5 1
o. D. Finkenbinder, ~
ux Lucille D. t ^
Finkenbinder I 5 I
, j
William M. Donohu~, e, . i
ux Mar,v Jane Donohue 5!
1
I
Milton T. Grego:ry r t ; 5 I
' f I
San<t' B. Balin, e1; ux I ~
Elvine S. Balm I 5 !
I
H. F. Warden, et ux 1
Audra Warden 5
.
Cecelia Kornblatt,
Individually and as
Guardian of the Estat
of Dorris Juanita &
Marion Kornblatt,
Minors ."
Mrs. :Edith Bace; wi do 5
C. J. Dick, at Ux
Delma Hill Dick
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55.0 6.00
It
12
330 00
"
54.0 6.00
324. 00
11
It
t
110
I
I 9
300 00
-,
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----.J
54.0 6.00
324. 00
50.0 6.00
It
"
8
300 00
, 50.0 6.00
11
7 & S. 1
5 ft of
429. 00
68~5 6.00
411 00
"
~
60.0' 6.00
360 00
"
6.00 300 00
It
71:~5; 6.00
5
It 1 & 2
Totals for Ea Side
6.00
130.0
703.0
00-
, 00
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WEST UNIVERSITY PlACE, TEXAS PAVING ASSESSMENT
169
For improvement of WAKEFOREST STREEr, Section No.2, 31 feet wi,de, from N. L.
RICE BLVD. to N. L. PLUMB STREET, under MAY 10, 1948, contract with RUSS MITCHELL,
INC., contractor. Cost per linear front foot for paving with,monolithic curb $4.50
as directed by Ordinance No. 376.
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Property Q)wn.er
, , 'WEST SIDE OF STREET
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No. , Addition IDt No.
George E. Burpee, et ux
Caroline S. Burpee
7
Neal B. Robins, et ux
Lois F. Robins 7
William M. Hubbard, ,et ux
Leona Hubbard 4
Frank L. McCabe, et ux
Vida Mae McCabe ' 4
Waldo J. Beaudoin, et ux
Ma:ry Ruth Beaudoin 2
T. B. Alkire, etux
Edith M. Alkire
2
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Rice Court Addition 23,24,&:2
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Tot.als for West. Si
Totals for East Sid
Total for akefores
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Front Fr!t Ft
age Rate Total
26
26
4.50 477.00
4.50 472.50
4.50 450.00
4.50 450.00
4.50 450.00
4.50
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> Section 4. That said several amounts herein assessed, together 'With
interest, expense of collections, and reasonable attorneys' fees, .if inourred,
&hall be and the same are hereby declared to be a first and prior lien on and '
against said respective abutting pz:operties, which lien shall be superior to
all other liens and claims except state; county, and city ad valorem taxes;
and said amounts so assessed, together with said other items, shall be and the
same are' hereby declared to be personal liabilities and charges against the
true owners of said properties, respectively, whet,her correctly named or not,
all as provided in and by said Article 1105 (b) of Vernon t s Annotated Civil
Statutes of Texas; and such assessments and said other items shall be
collectible and the liens enforceable in any court having jurisdiction;< and
shall be> a personal liability 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, one installment payable vd.thin thirty. ~s
after the completion of said improvements and the acceptance thereof by t;he
City of West University Place, and another installment to be due ,and payable on
the respective dates in 1, 2, 3, 4, 5, 6, 7, 8, and 9 years, respectiv-ely,
after said date of such acceptance, with interest on the respective sums so
assessed, and each installment thereof from said date of acceptance, at the
rate of five percent (5%) per annum, payable annually, and with interest; on
principal and -interest after the respective maturity dates, at eight percent
(8%) per annum; provided, however" that the assessments so levied and the
certificates to be issued in evidence thereof against properties on the.
respectiove segregated sections, as hereinabove set out, shall date from and
be issued as of, the date of the completion of the improvements on each
respective section, separately, and the acceptance thereof by said City; and
provided further, that, in the event of default in payment of any instaJ...lment
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 holder thereof; provided, further, that said
respective property owners shall have the privilege of p~g any one or more
of said installments bero re their maturity, by payment of principal and
interest thereon.
9..@~~1.Q!l--5..t. That for the purpose of evidencing said assessments, the
liens securing same and the several sums payable by said property owners and
the, time and terms of p~ent, and to aid in the enforcement thereof, assignable
certificates shall be issued by the City of West University Place, to the
contractor, or assigns, upon completion and acceptance of each respective
segregated section of said improvements, which certificates shall be executed,
by the Mayor and attested by the City Secretary, with the corporate seal affixed,
and shall be payable to said Russ Mitchell, Inc. or assigns; said certificates
shall declare the said amounts, and the time and tenus of payment thereof, the
rate of interest payable thereon, the description of the respective properties
against which the aforementioned assessments have been levied, sufficient to
identify same, and same shall contain the name of the apparent owners thereof.
Said certificates shall further set forth a..'"ld evidence the assessments
levied and shaJ+, 'declare the lien upon the respective properties and the
liability of the' true owner or owners thereof, whether correctly named or not,
ahd shall provide that if default by 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 pa~ent of any installment of principal of' interest thereon when due,
it
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then at the option of said Russ Mitchell, Inc. or assigns, being the owner
and holder thereof, the whole of said assessment shall become at once due
and payable and shall be collectible with interest, expense of collection
and a reasonable attorneys' fee" if incurred.
Said certificates shall further red te 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 ~ixing of the assessment lien against
the property described and the personal liability of the owner or owners
thereof have been performed, which recitals shall be evidence of all the
matters recit~d5insaid certificate and no further proof thereof shall be
required.
Section 6. That the City of West University Place shall not be liable
in any manner f<;,r the payment of any sum hereby assessed, but said City shall
exercise its Charter powers and the powers conferred upon it by 1aw when
requested so to do by the holder of said certificates to aid in the collection
thereof. '
[1
Section 7. The fact that the portions of the streets herein defined
are in need of improvement as prompt1y as possible creates a public emergency
and, 'therefore, this Ordinance sbB.ll be passed finally on the date of its
introduction this, the 28th day of May, A.D., 1948, and shall take effect
immediately upon its passage and approval by the Mayor.
Passed this 28th day of May, A. D., 1948.
Commissioners' H::!mJett.. Lanman.. 1Ilonil::!~~ :mn Mayo'T' T.P.A
voting aye.
Commissioners None
,voting no.
Approved this 28th day of May,
A. D., 1948. " .
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PLACE, TEXAS.
ATTEST:
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(;1- SECRET ' ,
/"
APPROlVED:
o
CITY ATTOIL"'lEY
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