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HomeMy WebLinkAboutORD 390 - ORD Closing and Hearing Given to Real and property Owners r--'. I ' 1 LJ c n j I , , '---"' 193 ORDINANCE NO. 390 AN ORDINANCE CLOSING THE HEARING GIVEN TO THE REAL AND TRUE OWNERS OF PROPERTY ABUTTING ON: SECTION NO. I:. UNIVERSITY BOULEVARD FROM THE WEST LINE OF KIRBY DRIVE TO THE WEST LINE OF BELMONT ST; AND < SECTION NO.2: UNIVERSITY BOULEVARD FROM THE WEST LINE OF BELMONT STREET TO THE EAST LINE OF SEWANEE STREET; AND SECTION No.4: THE NORTH HALF OF UNIVERSITY BOULEVARD FROM, THE EAST LINE OF LOT 5 TO THE WEST LINE ClFLOT 413, ALL IN BLOCK,44, WEST_ UNIVEPSITY PLACE,_ TEXAS, SECOND ADDITION., , AND TO ALL OTHER INTERESTED PARTIES, AS TO SPECIAL BENEFITS TO ACCRUE TO SAID PROPERTY AND THE TRUE OWNERS THEREOF BY VIRTUE CF THE IMPROVEMENTS, AND AS TO THE PROPOSED 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 REGULARITY OF ALL PROCEEDINGS AND THE PERFORMANCE OF ALL PREREQUISITES. TO FIXING AND LEVYING THE ASSESSMENT LIENS AND THE PERSONAL LIABILITY OF PROPERTY OWNERS; OVERRULING AND DENYING ALL PROTESTS AND OBJECTIONS OFFERED, EXCEPT AS TO PARTICULAR CASES MENTIONED; FINDING AND DETERMINING SPECIAL BENEFITS TO EACH PARCEL OF PROPERTY AND THE OWNERS THEREOF BY REASON OF SAID, IMPROVEMENTS IN EXCESS OF_ THE AMOUNT OF THE RESPECTIVE ASSESSMENTS AGAINST SAME; "L.PJYYING ASSESSMENTS ; FIXING A CHARGE AND LIEN AGAINST THE RESPECTIVE PROPERTIES ABUTTING ON THOSE PORTIONS 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 DESCRIBED; PROVIDING FOR THE ISSUANCE OF ASSESSMENT CERTIFICATES AND THE MANNER OF THEIR COLLECTION; AND DECLARING AN EMERGENCY. < , WHEREAS, the City Cominission of the City of West University Place, Texas, has heretofore, by Ordinlmce No. 371, duly and regularly passed and approved April 20, 1948, determined the necessity for and. ordered the improve- ment of portions of certain streets in the City of West University Place, Texas, including the following, to-wit: Section No. 1: University Boulevard from the West line of Kirby Driv~ to the West line of Belmont Street;' and Section No.2: University Boulevard from the West line of Belmont Street to the East line of Sewanee Street; and Section No~ 4: The north half of University' Boulevard from the East line of LotS to the West line of Lot 413; all in Block 44, West Universii.y Place, Texas, Second Addition; in accordance with plans and specifications prepared by the Engineers for the Cif.t;)[J""and Ci.pproved by the City Commission in said Ordinance, by the construction ITi ,,1 r:-:-, " ' , .J .. 1 194 I upon said portions of said streets of a reinforced concrete pavement with monoli thic curbs and appurtenances and incidentals to such improvements, all as more specifically shown by said plans and specifications; and which improvements were dmvided and segregated into separate and segregated sections as hereinafter set forth; and. ' WHEREAS, pursuant to advertisement It.herefor sealed 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, all as provided by the Charter of said City and by law and in full compliance therewith, said 'City Comndssion of the City of West University Place, Texas, did by its Ordinance No. 386, duly and regularly passed and approved June 21, 1948, award a contract for the construction of said improvements' on the above and hereinafter described Sections Nos. I, 2, and 4, to RUSS MITCHELL, INC. on its lowest secure bid, which contract, and certain addenda and amendments thereto, have been heretofore fully executed; and 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 Commission of the City of~iWest University Place, Texas, by its Ordinance No. 388, duly and regularly passed and approved June 21, 1948, ordered that a hearing be given to all owning or claiming any property abutting upon any of the respective portions of the streets therein and herein set out, and included within any of the designated Sections Nos. 1, 2, and 4, and to all owning and claiming 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 prepequisite, and as to the amounts of the pro- posed assessments, the lien and liability thereof, the special benefits to the abutting property and owner thereof by means of said improvements for which assessments are to be levied, and as to the accuracy, sufficiency, regularity, and validity of the proceedings and the contract in connection wi th such improvements and proposed assessments, and concerning any other matter of thing as to which they are entitled to a hearing under the laws of Texas, and the Charter of West University Place, Texas, with the right and opportunity to contest the amounts 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, Texas, at 7:30 P. M. on July 9, 1948, in the City Hall of said City, at which time and place all of 'such parties might appear and be heard on all such matters; said Ordinance further ordering and directing the City Secretary to give notiee 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 directeCi by tpe 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 the, State of Texas, Commonly known as Articl,e 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 advertisement thereof by publication of same in the Southwestern Times, designated as the official newspaper of the City, on JUJ:y- 1948;, and by publication of said notice on July 1948, in the , I I , I , :1 i i I '~ :1 : I ----..J .,~ . [1' , I i Lo [J.. r:' i Li 19'5 Houston Post, published in Houston, Texas, being the nearest to the City of We~t University Place, Texas, of general circulation in Harris County, wherein said City is located; 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 portions thereof to be improved, the estimated amounts per front foot proposed to be assessed against the owners of abutting property, and such property on such highway and each respective section thereof with reference to which the hearing mentioned in said notice was to beheld, and having stated the estimated total cost of the improve- ments on such highway and each of the segregated sections thereof, and having staten the time and place at which such hearing should be held, and said notice having given additional information and having, in all respects, fullyinet and complied with all provisions of law and of the Charter and Ordinances' of said City requisite or pertinent thereto; and WHEREAS, at said hearing, of which such notice was so given, 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 above and hereinafter stated sections of the streets to be improved, and the present condi tion of the existing streets, and numerous property owners and other parties interested in the proceedings appeared and made statements and gave testimony, after 'which said hearing was recessed to July 12, 1948, at 7:30 P.M., and then resumed; and at said hearing, and recessed hearing, all parties desiring 'to be heard concerning any of the matters hereinabove and in said Ordinance No. 388 and in said notice mentioned, and as to any other matters connected with ;:s-aid 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 special Lbenefits 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 suchi:lnprovements, and said City Commission having heard and con- sidered the evidence and having given a full and fair hearing to all parties appearing or desiring to appear; and having determined at, such hea~ing said 2special benefits ,as aforesaid, and having determined that there is not to be assessed against said abutting properties and the respective owners thereof more j".than all the cost of constructing curbs and 9/l0ths of the remaining cost of such improvements (exc::lusive of intersections). as shown on the estimate of the Engineers for the City; and having determined that the Front Foot Plan or Rule is just and equitable except in particular cases wherein, in the opinion of the Ci ty 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 cost of such improvements in proportions 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 apportion- ment so as to produce a substantial equality of benefits received and burdens :i,imposed, each of which adjustments and apportionments have been taken into consideration and made in the assessments hereinbelow set. forth; and said Ci ty ~, Commission having determined that 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 owners and their respective properties are, in all things, just and equitable, and that in each instance the assessment made against any parcel of property and its owner is less than the special benefits to said property and the owner thereof by means of said improvements, and that, with the exception :r.::..:.~.::':::_::~:~:~::I:"' .. . '~-~::::::'::::I , _____" L .It _,_,I:' , II ,I L, I 1 t96 of apportionments and adjustments in particular cases, which have been granted and allow~d in determining the amounts of the assessments herein- below made, all other objections and protests should be overruled and denied; and 1'---' " ! WHEREAS, .all proceedings with reference to the making of the improve- ments hereinabove mentioned have been regularly had and duly and legally taken and performed in full compliance with the law and the. Charter and Ordinances of the City of West Universit,y Place, Texas, and all prerequisites to fixing the assessment lien against the properties hereinafter listed, and the personal liability of the respective pwners thereof, have been performed, and upon 'completion of each respective separate and segregated section into which the work has been divided, and upon the aec~ptance thereof by the City of West University Place, assignable certificates should be issued in evidence of said assessments and liens, and the perspnal liability of, the true owner ,or owners of the respectiye properties, whether correctly named or not, all as provided by law and by the Charter and Ordinances of the City; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: Section 1. That there being no. further testimony or,evidence or pro- test, for or against the improvements heretofore ordered, at said hearing granted to the true owners of properties abutting upon: Section No.1: University Boulevard from the West line of Kirby Drive to the West line of Belmont Street; and I I I ,~ Seetion No.2: University Boulevard from the West line of Belmont Street to the East line of Sewanee Street; and Section No.4: The North half of University Boulevard from the East line, of Lot 5 to the West line of Lot 4B; all in Block 44,' West University Place, Texas, Second Addition; and within the limits above p.efined, and upon any of the respective portions of said streets included wi thin any of the designated sections as hereinafter stated, and to all, owning and claiming aqy interest therein, and to all interested in any assessment or any of the proceedings with reference thereto, or in any of the matters hereinabove mentioned, said hearing should be, and the same is hereby, closed. Section 2. That the City Commission finds ,and determines and so declares that each of the steps and proceedings hereinabove mentioned" and all proceed- ings ~~th reference to the making of the improvements on: Section No. I: University Boulevard from the West Line of Kirby Drive to the West line of Belmont Street; and Section No.2: University Boulevard from the West line of Belmont Street to the East line of Sewanee Street; and ICi , I I '~ Section No.4: The north half of University Boulevard from the East line of Lot 5 to the West line of Lot 433, all in Block 44, West University Place, Texas, Second Addition: [ [: Ii L' 19~ ~ .~erein, stated, have been duly ,legally, and regularly had, taken, and performed in full compliance with the law and the Charter and Ordinances of the City of Wes.t University Place, Texas; that all prerequisites to the making of the above mentioned June 21,:1948, contract, and addenda thereto, executed on behalf of the City, pursuant to Ordinance passed and approved June 21, 1948, and all prerequi- sites to the fixing of the assessment lien against the respective properties here- inafter listed, and the personal liability of the respective owners thereof, whether correctly named or not, and whether known or unknown, have been, in all things, met, performed, and complied with; that all perSORS interested have been given a full and fair hearing on all matters and things ill connection with said improvements and assessments; 'that there is not to be assessed against the abutting properties and the owners thereof m9re than all the cost of cubs and 9/loth 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 amoung 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 benefit-s to each parcel of property and the owner thereof in the enhanced value thereof by means of.saidimprovements, as,deter- mined, at said hearing, are, in each instance, in excess 0f the amount of the assessment made against such parcel of property and its 0wner, and that the assessments, liens, and charges herein levied, declared, and fixed against said :properties and their owners, are, in all things, just and equitable; and that all protests and objections, other than those taken into consideration in fiX- ing the amounts of the assessments and liens, as hereinafter stated, and whether specifically herein mentioned or not, should be, .and the same are hereby, ~n all things, overruled and denied. , , Section 'L That the City.Commission of the City of WestUnivers:Lty Place, Texas, being the governing body of said City; pursuant to the Ordinal ces and. all other proceedings heretofore passed and held, and pursuant to the above DJ.entioned J1.lne 21" 1948, contract and the estimates, reports, lists, and state- ments of the Engineers for the City, and pursuant to the notice and hearing hereinabove mentioned and by virtue of the powers conferred by, and the provi- ~ions of, tIle abo'{e mentioned Chapter lo6 of the Acts of the First Called Ses'sion of the 40th Legislature of the State of Texas, commonly known as Article 1105 (b), Revised Civil Stututes of Texas, 1925, heretofore adopted by t,he City of ,WestUmversity Place, Texas, in and as a part of, the Charper of said City, does hereby fix and determine and does hereby levy and assesS against the respective properties abutting upon the above and hereinafter ~tated sections ot the highways and the portion or portions thereof heretofore ordered improved and against the real'and true oWners thereof, whether herein- after correctly named or not, the respective amounts hereinafter set opposite the n.ames of the respect~ve apparent owners and the descriptions of the respec- tive properties. The improvements heretofore ordered having been heretofore qivided intq, separ,ate,s.egregated, and independent sections, each wholly unrelated to the other, the assessments and liens hereinafter set forth are made separately section by section with the assessment,s and liens in each section separat-e and segregat~d frpm and wholly unrela.ted to the asseSSments apd liens in, each pther such section; the respective separate and segregated sections of the streets to be improved, and as to which contract has been award- ed and the above hearing ~eld, and assessments here levied, being as as follows, t,o-wi t:' ' L r ':, '::::1 , ____~_ :n ,[ , , I, II "I l 198 Section No. I: University Boulevard from the West Line of Kirby Drive to the West line of Belmont Street; and SectiSn No.2: Universi ty Boulevard from the West line of Belmont Street to the East line of Sewanee Street; and Section No.4: The north half of University J;3oulevard from the East line of Lot 5 to the West Line of Lot 4B, all in Block 44, West University Place, Texas, Second Addition; '" ,I the properties and apparent owners thereof and the assessments levied against each, respectively, are as follows: WEST UNIVERSITY PLACE, TEXAS - PAVING ASSESSMENT For improvement of Universi~ Boulevard, Section No. ~ 40 feet wide, from Wi.rLa Kirby Drivp. toW. L. RAlmnn+ under .r'me 21.. 1~ contract with Russ Mitchell. In~a, Contractor. Cost per ,linear front foot for paving with monolithic curb $ .75. SOUTH SIDE Property Owner Lot No. Block IiQ.... f B Addition r Frontage Frtt Ft. Total Rate, 100.0 -:: 8. 7S'" B. I. Ellis Pemberto Add ~ 2,~:& 10 Pemberto Add 8 8.75 H. W. Krakower, Trustee B 50.0 Mrs. Catherine K. B McLaughlin, Widow n 4,5,6,&1 200.0 8.75 1,750 00 Harry O. Heller et B ux,Marie H. Heller II 8750i 00 437'50 3 50.0 8.75 437 50 Roger F. McCall et B ux, Jean B. McCall >> I & 2 105.0 8.75 918 75 Jas. L. Parker et A ux, Kathryn F. :G ";,' Parker It 10 55.0 8.75 48125 John M. McKinney et A ux, Martha McKinney It E 30 ft.8 & all of 9 80.00 8.75 Arthur F. Thomson e ux, Virginia Thomso A " E 40 ft. 7 & W 20 ft. 8 6 & W 10 ft. 7 60.0 8.75 60.00 8.75 Maurine Post,f/S A It Samford I. Pattillo et ux, Florence Pattillo A 5&Ji~4 \ , 75.0 8.75 " !.700 00 525 00 525 00 656 25 I I I ,~ ;l I~ :l ,~- 19'5 , " ' ~~.._-....~~.- n Mrs. Catherine C. K. McLaughlin, Widow ' A P~mberton Add.' 1,2,& 3 & ]. 4 l75.0 8.75 1,53I. 5 U W- 2 James H. McGuirt et Katherine B.McGuirt 20 . Umv. Pl. No. 1 6 100.0 8.75 875. 00 Elmer E. cary et ux, Mild+'edCary 20 W. Univ. Pl. No. 1 7 100.0 8.75 875 00 Albert H. Howze et ux, Janipe T. Howz~ 20 W. Univ. Pl. , No. 1 N 100 ft. 8 100.0 8.75 875 00 Mrs., Lenone Co~key, et vir, C.A.Coskey 15 W. Univ. Pl. No.1 N 100 ft. 6 & N 140 ft.7 200.00 8.75 I, 750 00 :- '-'',.'~. 'M. R. Scholl et ux, . Ester Scholl 15 W. Univ. PI. i I No. 1 8 100.0 8.751 875 00 I [] w. M,. Birnbaum,et ux" ! 8.751 LeodaR. Birnbaum 15 w. Univ. Pl. ",If. No. I M 115 Ft.9 IIOO.O 875 00 i j " TOTAL SOUTH SIDE 1,710.0 14,962.50 For ;improvement ofUn;i.versity Boulevard ~ Section No.1 40 fe~t wide, from .. , If. L. Kirby Drive to W. L. Belmont, under June 21, ~contract w~th Russ Mitchell, Inc., Contractor. Cost per linear front foot for paving with monolithic curb $~.75 A NORTH SrDJi: ~ Property Owner Block Addition 'Lot No. Frontage Fr't Ft. Total No. Rate Richard N .Duffy et ux, Virginia Mabe~ Duffy 13 Ct.Add. 10 100.0 8.75 815. 00 Loretta Elliott a femme sole 13 " Ei7&9 50.0 8.75 l.l37. 50 . Lawrence D.Lee et ux, n Clarice May Lee 13 " W~7&9 50. 8.75 431 50 ,oj [ ,:L) Alice D.Webre,l'/S 12 If! 18 & E 25 Ft 17 15.0 8.75 656.,25 ,-' :':.": 'p'" -:-'-11" - .. - . .~ '-"-~..I '" .., ,,-.II II ,I L I, I " ~; 200 t i ----- r '..........., William Van Zyverden I ~ I et ux, GeneB. Van Virginia Ct.AddJ 16 & W 25 ft. ;' ~~ Zyverden 12 ! I 117 i 75.0 8.75 656 25 U I I George Alex. Kevan et ux, Beatrice Alberta Kevan .. 12 - " 15 50.0 8.75 437 50 Alvin Beyer et ux, 14- Laura Beyer 12 ft 50.0 8.75 V. I. Grisham et ux, Ethelyn M. Grisham 12 ft 13 & E 12i ft 12- 62.5 8.75 P. E. Wall 12 " E 25 ft.ll& w 37i ft. 12 62.5 8.75 P. G. Williams et ux, Nina Jewel.. Williams- 12 .. ,ft 10 & W 25 ft. II 75.0 8.75 656 25 Charles Ginsburg et , Bertie- GJimsburg II .. ft 11 & 12 120.0 8.75 1,050 00 Mary Carolyn Sanders 11 ft 10 60.0 8.75 525 00, J " George. 'G. Williams et ux, Marian G. Williams It 9 50.0 8.75 437 50 C.E. Nickel et ux, Lola Nickel It 8 50.0 8.75 437 50 Chas. F. Hanson, et Junia Hanson JI, '7 61.0 8.75 533 75 Jack C. Hildebrandt et we, Ether Hilde- brandt Rice Ct. Add. 3 50.0 8.75 437 50 Eugene Merten et ux, Hedmig Merten " 26 55.0 8.75 481 25 'F. L. Lieder et ux, Ethel W. Lieder JI 24 & 25 100.0 '8.75 875 00 Lida C. Benziger, Widow 4 It 23 & 25 ft. 22 75.0 8.75 656 25 ] i' "2'&i- 201 NORTH SIDE - (con1t) 0 Nell Doyle French, 2_ ~/s 14 Rice Ct. Add. & 25 Ft 22 75.0 8.75 956 2$')'~ '-'J Leo Bertucci et ux, G@nevieve Bertucci 14 " E 10 ft. 19 & all. 01;C20~:. 6p.O 8.75 525 POb Mrs. E. A. Konken and Edna.Potthoff 14 "' E 25 ft. 18 & w 40 ft. 19 65.0 8.75 568 75 M ..-H " L. Goldston et ux, ........f ...,.... Ada Goldston 14 " E 49 ft.17 & ,........, w. 25 ft. 18 74.0 8.75 647 50 CO <t Guy W. Butler 14, fl: WI ft. 17 & all of l6 51.0 8.75 4:46 25 ,Enoch O. Dunaway et ux, Beula ,Dunaway 14 fl' 15 50.0 8.75 437 50 Cat;dna Zinanti 14 "I 14 55.0 8.75 ! U81 25 n TOTAL NORTH SIDE 1,701.0 14,883.76 I I I ! TOTAL SOUTH SIDE 14~,'962a 50 L! , ,-' . _'TOTAL SECTION NO. 1 29,B46.2~ o 1'". I ~rs- , :.: .1 ~._. J, :1 For improvement of Universitv Boulevard, Sect~on No.2, 40 feet wide, from W. L. Belmont to E. L. Sewanee, under June 21, 1948 contract with Russ Mitchell ~~~.. Contractor. Cost per linear front foot for paving with monolithic curb $8. Block Addition PROPERTY OWNER No.. NORTH SIDE Lot No. Mrs. E. Bertrand 13 Rice Crt. Add. 34 John Butler et ux Isabel Butler < 13 Rice ,Court Add. 33 & E 25 ft. 32 Wm. Henry Marshal , et ux, Anne Marsh C. W. Stigall et , Frances F. Stigal 13 It Robt. W. Dundas .e ux, Elizabeth M Dundas 13 : " Lota Harris, F Is 13 It tt , Josie M. Roberts, Widoe 13 tt George S. Gayle,J . et ux, Jayne Gayl Jr. R. T. Bennett et Anna B. Bennett It , 13 It John J. Whalen et ux, Ethel E. Whalen 13 It Arnold' E. Ahrens t ux, Eugenia Ahren 13 It J. DeVere Green 13 It Rufus L. Terry et ux Gladys Terry and Fred McElya et ux Clara McElya 13 It E. E. Harrison et ux, Frodelle Harrison 13 tt It 31 & W l 32 30 28 29 27 26 2li & 25 23 ~ FT'ont~ffA I 50.0 75.0 65.0 50.0 :sO.O 50.0 50.0 60.0 100.0 50.0 22 & E 25 ft. 21 75.0 20 & W 25 ft. j 21 75.,0 ! I ! . I 19 50.0 I 18 50.0 Fr't.Ft. R,q t.A , B.75 I ! 8.75 8.75 8.75 8.75 8.75 8.75 8.75 8.75 8.75 8.75 8.75 8.75 8.75 ~~ I , ! i 437 50 656 25 656 25 437 50 437 50 437.50 875 00 437 50 656 25 656 25 437 50 437 50 1 u n I ' I , I,..-.J [ 20E [ T. M. Rogers 48 W. Univ.PI.2nd. 4 l50.0 i 8.75 ~1,3l2.;5O ! 148 I i E. c. Bates It 3 150.0 ,8.,75 \l,314.. 0 Le~s G. Scha~ffer 100.0 et ux,Mar,r Schaeffer 47 It 6 \ ' 8.75 875.00 Floyd M. Cosby et ux, Marguerite Cosby 47 " E.50 ft. 5 50.0 8.75 437. R. ~.Auer et,ux, Mathilda Auer 47 It! W~50 ft. 5 50.0 8.75 437. 0 Geo~ge H. Bli~sard cat! I ! ux,Mary"L. Blissard 47 " E 50 ft.4' 50.0 8.75 437.fO i 1 Max ,Levy, Jr. ,et ux, " I Maxine Levy, Jr. ; 47 n W 50 ft.4 5oco 8.75 437.150 I , Harvey,B. Richards et! 437 ~o ux, Mildred Richards 46 It E 50 ft. 6 ' 50.0 8.75 , , , Herman Hargrove 46 " W 50 ft. 6 50.0 8.75 437~50 i Mrs. Ettie Lee Carterj i I !I WidQW 46 It 5 97.5 8.75 853.\13 I ' Eugene T. Sealey et l....-i I: ux, Helen Sealey 46 t " E So ft. 4 50.9 8.75 437~50 , , , David H. Pressley et ; J I j ux, Lucille Pressley ! 46 I II W So ft. 4 50.0 8.75. 437 J50 I TOTAL NORTH SIDE 1,757.5 ],,5,378.13 For ,improvement of University Boulevard. Section No.2, 40 ft. wide, from W.L. Belmont to E. L. Sewanee. under June 21. 1948. contract with Russ Mitchell. Inc., Contractor. Cost per linear front foot for paving with monolithic curb $8.75. . SOUTH SIDE Blance I.Watson,F/S . 16 (Und.l int.) ,John W. j Watson (Und.l/6 intJJ Thomas A. Watson .. (Und.I/6 int.) ~ Joseph S. watson(Undt 1/6 int.) , , " Lot.No. Frontage Frntt it Total Rate i I , I 875100 N. lID ft.6 lIDO. 8.751 i 875~OO 7 100.0 8.751 Addition Property Owne~ ,Block 'f No. r ; I I , LJ An~e Blanchard et UX, ,Marguerite Blanchard &' ; i , i I 16 w. Univ. Pl. No. I. It o '---. I i i ' L.J ~ i i ; I l-.J For Improvement of University Boulevardli4Section No.4, 20 feet wide. from E~ L. Lot 5, Block 44, to W. L. Lot 4BBlock . under June 21. 1948. contract with Russ Mitchell. Inc. Contractor. 'Cost per linear;~ront foot for1paving ~ih monolithic curb $8.75. NORTH SIDE 20'5 Lot No. Frontage 'Fr't Ft. Total Rate Property 6wner Block! Addition , No. .. ... W. S. Werner et ux,Margaret E. Werner < 50.0 50.0 50.0 ~ ~ 44 W. Univ.P1.2nd 44 It 44 It E.50 ft. 5 w. 50 ft. 5 8.75 8.75 $.75 Mrs. Lucy Anderson 4B J. E. Ayde , TOTAL NORTH SIDE 1$0.0 150.0 I 1,312 50 TOTAL SECTION 4 1,312 0 ,- 437 50 43750 !B7 50 Section 4. That said several amounts herein assessed, together with interest, expense of collections, and reasonable attorney's fees, if incurred, shall be and the same areliereby declared to be a first and prior lien on and against said respective abutting properties, which lien shall be superior to all other liens aild 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 prope:rties, r~spectively, whether correctly named or not, all as provided in and by said Article 1105 (b) of Vernon'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 within thirty days after the completion of said improvements and the acceptance thereof by the City of West Uni versi ty Place, and another installment to be due and payable on the respective dates in l, 2, J, 4,5, 6, 7, 8, and 9 years, respectively, 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 ann~; provided, however, that the assessments so levied and the qertificates to be issued in evidence thereof against properties on the respective 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 seotion, separately, and the acceptance thereof by said City; and provided further, that, in the event of default in payment of any 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 holder thereof; provided, further that said respective property owners shall have the privilege of paying anyone or more of said installments before their maturity, by payment of principal add interest thereon. ,---.:__ 1.: ..'" ::: r :'~:::~:':::::::I ____ ____________ __ ill - - [ , lr; [, 'J : 1 206 Section ~. 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 payment, and to aid in the enforcement thereof, assignable certificates shall be iss~ed by the City of West University Place to the Contractor, or assigns, upon completion and acceptance of each respec- tive 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 terms of payment thereof, the rate of interest payable thereon, the de,scription 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. "'-1 I I ! '-.....-! Said certificates shall further set forth and evidence the assess- ments levied and shall declare the lien upon the respective properties and the liabili ty of the true owner or owners 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 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 follection and a reasonable attorney's f~e, if incurred. Said certificates shall further recite that the proceedings with I~ reference to making the improvements therein referred to have been re'gularly had in compliance with the law and the Charter of the City of West Uni versi ty !.........) Place, and that all prerequisites to the fixing of the assessment lien against the property described and the personal liability of the owner or owners there- of have been performed, which recitals shall be evidence of all the matters recited in said 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 for the payment of any sum'hereby assessed, but said City shall 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 collection thereof. Section 7. The fact. that the portions of the streets herein defined are in need of improvement as promptly as possible creates a public emergency and, therefore, this Ordinance_ shall be passed finally on the date of its introduction this, the . 12th day of, July, A. D., 1948, and shall take effect immediately upon its passage and approval by,the Mayor. II I~~ o rl U [i APPROVED: 20'7 PASSED this 12th day of July, A. D., 1948. Commissioners Armer, Douglass, Hamlett, Lanmon and Mayor Lee, Voti;ng Aye: Commissioners - None - Voting No. APPROVED this 12th day of July, A. D., 1948. ATTEST: /" City Attorney L . ~. ,__--'-.r.