HomeMy WebLinkAboutORD 428 - ORD Closing the Hearing for Sec 3 and Sec 5
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ORDINANCE NO. 428
AN ORIDANCE CLOSING THE HEARING GIVEN TO THE' REAL AND TRUE
OWNERS OF PROPERTY ABUTTING ON:
. SECTION NO.3. UNIVERSITY BOULEVARD FROM THE EAST LINE
OF WESLAYAN STREET TO THE. EA.ST LINE OF
COMMUNITY DRIVE; AND
SECTION NO. 5. RICE BOULEVARD FROM THE WEST LINE OF
AUDEN STREET TO THE EAST LINE OF COLLEGE
STREET,
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AND TO ALL OTHER INTERESTED PARTIES ,AS TO SPECIAL BENEFITS TO
ACCRUE TO SAID PROPERTY AND THE TRUE OWNERS THEREOF BY VIRTUE
OF THE IMPROVEMENTS, AND AS TO THE ACCURACY, SUFFICIENCY, REGU-
LARITY AND VALIDITY OF THE PROCEEDINGS AND CONTRACT IN CONNECTION
WITH SAID IMPR9VEllttENTS AND ASSESSMENTS, AND ANY MATTER OR THING
CONNECTED THEREWITH; FINDING AND DETER1IA:INING THE REGULA-B.ITY OF
ALL PROCEEDINGS AND THE PERFORMANCE OF ALL PRERE~UISITES TO
FIXING AND LEVYING THE ASSESSMENT LIENS AND THE PERSONAL LIA-
BILITY OF PROPERTY OWNERS; OVERRULING AND DENYING ALL PROTESTS
AND OBJECTIONS OFFERED, EXCEPT AS TO PARTICULltR CASES MENTIONED;
FINDING AND DETERMINING SPECIAL BENEFITS TO EACH PARCEL OF PRO-
PERTY AND THE OiVNERS THEREOF BY REASON OF SAID IMPROVEi"lENTS IN
EXCESS OF THE AIvtOUNT OF THE RESPECTIVE ASSESSMENTS AGAINST SAME; .
LEVYING ASSESSMENTS; FIXING A CHARGE AND LIEN AGAINST THE RES':'
PECTlVE PROPERTIES ABUTTING,ON THOSE PORTIONS OF SAID STREETS
TO BE IMPROVED AND AGAINST THE TRUE OWNERS THEREOF FOR THE PAY- I;J
MENT OF PART OF THE COST OF THE IMPROVEMENTS WITEIK 1'HE LIMITS
DESCRIBED; PROVIDING FOR THE ISSUANCE.: OF ASSESSMENT CERTIFICATES
AND THE MANNER OF THEIR COLLECTION; AND DECLARING AN EMERGENCY.
WHEREAS, the City Commission of the City of West University Place,
Texas, has heretofore, by Ordinance No. 371, duly and regularly passed and
approved April 20, 1948, determined the necessity for and ordered)the im-
provement of portions of certain streets in the City of West University
Place, Texas, including the following, to-wit:c
. SECTION NO.3. UNIVERSITY BOULEVARD from the East line of
WeslayanStreet to the East line of Community
_Drive; and
SECTION NO.5. RICE BOULEVARD from the West line of Auden
Street to the East line of College Street,
in accordance with plans and specificationsprepar~rl by the Engineer for
the City, and approved by the City Commission in said Drdinance, by the
construction upon said portions of said streets of a reinforced concrete
pavement with monolithic curbs and appurtenances and incidentals to such
improvements, all as more specifically shown by said plans and specifi-
'cations; and which improvements were divided and segregated into separate
and segregated sections as hereinafter set forth; and
1JIJHEREAS, pursuant to advertisement therefor sealed bids were
duly and regularly received and examined, and pursuant to report and recom-
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mendation 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 there,nth, said
City Commission of the City of West University Place, Texas, did by its
Ordinance No. 415 duly and regularly passed and approved October 11, 1948,
award a contract for the construction of said improvements on the above
and hereinafter described Sections 3 and 5, to RUSS MITCHELL, INC. on its
lowest secure bid, which contract, and certain addenda and amendments there-
to, have been heretofore fully executed; and
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WHEREAS, upon examination of the'estimates of costs of said im-
provements and of the various portions thereof theretofore prepared by the
Engineer, as earlier required, said City Commission of the City of West
University Place, Texas, by its Ordinance No. 425, duly_and regularly
passed and approved October 25, 1948, ordered that a hearing be given to
all owning or claiming any property abutting upon any of the respecti,ve
portions .of the streets therein and herein set out, and included within
any of the designated Sections 3 and 5, 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 pre-
requisite, 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 assessments are to be levied,
and as to the accuracy, s~fficiency, regularity, and validity of the pro-
ceedings and the contract in connection with such improvements and pro-
posed assessments, and concerning any other matter or thing as to whi9h they
are entitled to a hearing under the laws,uof Texas, and the Charter of the
City 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 heariqg to be held by and before the City Commission of
the City of West University Place, Texas, at 7:30 P.M. on November 19, 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 or-
dering and directing the City Secretary to give notice of said hearing by
public advertisement thereof, as therein s~ecified, in accordance with the
law and the Charter and Ordinances of the City of West University Place,
Texas; 'and
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WHEREAS, sai~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 the State
of Texas, commonly known as Article 1105(b), Revised Civil Statutes of
Texas, 19~5, 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 November 4, 11 and 18, 1948;' and by publication
of said Notice on November 1, 11 and 15, 1948, in the Daily Court Review
published in Houston, Texas, being the nearest ~o the City of West University
Place, Texas, of general circulation in Harris County, wherein said City is
located; said notice so published having described the nature of the im-
provements 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.
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against the owners of abutting property, and such property on such high~
way and each respective section thereof with reference to which the hearing
mentioned in said notice was to be held, and having stated the estimated
total cost of the improvements on such highway and each of the segregated
sections thereof, and having stated the time and pl~ce at which such hear-
ing should be held, and said notice having given additional information
and having, in a11 respects, fully met and complied w~th all provisions
of law and of the Charter and Ordinances of said City requisite or perti-
nent thereto; and
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w~EREAS, at said hearing, of which such notice was So given,
testimony. and evidence was given by the Engineer for the City, and by
real estate experts familiar VQth the proposed improvements, the respective
properties on the above and hereinafter stated sections of the streets to
be improved, and the present condition of the existing streets, and numerous
ppoperty owners and other parties interested in the proceedings appeared
and made statements and gave testimony; and at said hearing, all parties
desiring to be he~rd concerning any of the matters hereinabove and in said
Ordinance No. 425 and in said notice mentioned, and as to ~ny other matters
connected with said 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 sp~cial benefits of and to said abutting properties, and each
parcel thereof, and to the re~ective cwners 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 determined at such hearing said special benefits as aforesaid;
and having determined that there is "not to be assessed against sa~ a-
butting properties and the respective owners thereof more than all the
cost of constructing curbs and 9/10thsof the remaining cost of such im-
provements (exclusive of intersections), as shown on the estimate of the
Engineer 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 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
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 su~h re-
spective parcels of property and the owners thereof, the equities of such
owners and the adjustment of such apportionment so as to produce a sub-
stantial equ~lity of benefits received and burdens imposed, each of which
adjustments and apportionments have been taken into consideration and made
in the assessments hereinbelow set forth; and said City 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 hear-
ing 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 instancetne assessment made
against any parcel of property and its o~ner is less than the special
benefits to said property and the owner thereof by means of said improve-
ments, and that, with the exception of apportionmnets and adjustments in
particular cases which have been granted and allowed in determining the
amounts of the, assessments hereinbelow made, all other objec~ions and
protests should be overruled and denied; and
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WHEREAS, all proceedings with reference to the making of the im-
provememts hereinabove mentioned have been regularly had and duly and le-
.gally taken and performed in full complianc~ with the law and the Charter
and Ordinances of the City of West University Place, Texas, and all pre-
requisites to fixing the assessment lien against the properties herein-
after listed, and the personal liability of the respective owners thereof,
have been performed, and upon completion of each respective separate and
segregated section into which the ~ork has been d~vided, and upon the ac~
ceptance thereof by the City of West University Place, assignable certi-
ficates shuuld be issued in evidence of said assessments and liens, and
the personal liability of the"true ovmer or owners of the respective pro-
perties, whether correctly named or not, all as provided by law and by the
Charter and Ordinances of the City; N OVv, 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
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
Weslayan Street to the East line of Com-
munity Drive; and
SECTION NO.5. RICE BOULEVARD from the West line of Auden
Street to the East line of College Street,
and within the limits above defined, and upon any of the respective portions
of said streets included ~~thin any of the designated sections as hereinafter
stated, and to all 'mvning and claiming any interest therein, and to all in-
terested 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 proceedings with reference to the making of the improvements on:
SECTION NO.3. UNIVERSITY BOULEVARD from the East line of
Weslayan Street to the East line of Com-
munity Drive; and
SECTION No.5. RICE BOULEVARD from the West line of Auden
Street to the East line of College Street,
as herein 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 West University Place, Texas; that all prerequisites to the
making of the above mentioned October 11, 1948, contract, and addenda
thereto, executed on behalf of the City, pursuant to Ordinances passed and
approved October 11, 1948, and October 25, 1948, and all prerequisites to
the fixing of the assessment lien against the respective properties herein-
after listed, and the personal liability of the respective owners thereof,
whether correctly named or not, and 'vhether known or unknown, have been, in
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all things, met, performed and complied with; that all persons inter_eated
have been given a full and fair hearing on ,all matters and things in cop.-
nection with said improvements and assessments; that there is not to be i,'l
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 improve- U
ments(exclusive of intersections), as shown on the estimate of the Engi-
neer for said City; 'that adjustment and apportionment 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 pro-
duce a substantial equality of benefits received and burdens imposed; and
that the special benefits to each parcel of property and the_owner there-
of in the enhanced value thereof by means of said improvements, as deter-
mined 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 assessments, liens and.charges herein levied, declared, and fixed
against said properties and their owners, are, in all things, just and e~
quitable; and that all protests and objections, other than those taken in-
to consideration in fixing the amounts of the assessmen.ts 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 Ordi-
nances and all other proceedings heretofore passed and held, and pursuant
to the above mentioned October 11, 1948, contract ~nd addenda thereto, and
the estimates, reports, lists and statements of the Engineer for the City,
and pursuant to the notice and hearing hereinabove mentioned and by virtue
of the powers conferred by, and the provisions of, the above mentioned r-l
Chapter 106 of the Acts of the First Called Session of the 40th Legislature I \
of the State of Texas, commonly known as Article 1105(b), Revised Civii L-J
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, does hereby
fix and determine and does hereby levy and assess against the respective
properties abutting upon the above and hereinafter stated sections of 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 respective amounts hereinafter set opposite the names of
the respective apparent owners and the descriptions of the respective
properties. The improvements heretofore ordered having been heretofore
divided into separate, segregated and independent sections, each wholly un-
related to the other, the assessments and liens hereinafter set forth are
made separately section by section with the assessments and liens in each
section separate'and segregated from and wholly unrelated to the assess-
ments and liens in each other such section; the respective separate and
segregated sections of the streets to be improved, and as to which con-
tract has been awarded and the above hearing held, and assessments here
levied, being as fol16ws~ to-wit:
SECTION NO.3. UNIVERSITY BOULEVARD' from the East line of
Weslayan Stree4 to the East line of Com-
muni ty Drive; and
SECTION NO.5. RICE BOULEVARD i'ro~n the West line of Auden
Street to the East line of College Street.
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the properties and apparent ovmers thereof and the assessments levied
against each, respectively, are as follows:
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For improvement of University Boulevard, Section No.3, 30 feet wide, from
E. L. Weslayan to E. E. Community Under October 11, 1948 Contract with Russ
. Mitchell, Inc. Contractor. Cost per linear foot for paving with, monolithic
curb $6.00 ,and $4.50 as directed by Ordinance No. 425.
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Henr~ J.Johnson - Engineer for City
NORTH SIDE
Property Owner
. Block
No. Addition
Lot
No. Frontage
Britten Lee Henderson
et ux Blanche Sula
Henderson 1
Leslie Hobson Nane et
ux Anna Nane 1
Louis Park et. ux
Sybil Park 1
Gordon R. King et ux .
Edna H. 'King 1
.
Charles R. Errnnert et '
ux Jewel G. Emmert 1
James F. Daniel et
ux Ruby Daniel 1
Frank E. Bonniwell et.
ux Lillian Bonniwell 1
George B. Murray Jr. '
et ux Mary L. Murray 1
Delbert Ray Waggoner _
et me 'Imogene
Waggoner 1
R. B. Magruder et ux _
Ruth E. Magruder 24
Robert E. Bussard et
ux Kathryn Bussard 24
Ray Scott et_ux
. . Faris 'Scott 24
Joseph G. Seale et ux
Geneva D. Seale 24
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Matthews
Place
10
It
11
n
12
It
13
It
14
It
15
It
tt
It
Colonial
Terrace
It
It
It
'I
55.10
56.0
56.0
56.0
56.0
56.0
16
56.0
17
56.0
18
56.0
13
58.84
12
50.0
11
50.0
10
50.0
.... L ...l.(
Fr't Ft.
Rate Total
.
6.00
6.00
6.00
6.00
6.00
6.00
6.00
6.00
6.00
6.00
6.00
6.00
6.00
330
"
336
336
, .
336
336
336
336
336
336
353
300
300
300
60
00
00
00
00
00
00
00
00
04
00
00
00
67'
. SOUTH SIpE
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-, Block ,Front- Fr't Ft.
Property Owner No. Addition Lot llo. age Rate Total
,
--' E. E. Christiansen et College
uxTeckla Cristianaen 34 View 4th 10 less S.14' 50.0 6.00 300 00
Chris Bertelsen et ux
Anna Bertelsen 34 tt 9 50.0 6.00 . 300 00
Richard G. Wright et
ux Bdna Wright 34 " 8 50.0 6.QO 300 00
Mary Katherine Staats 34' 50.0 6.00
F/S n 7 300 00
T. E. Richards Jr. et "-
ux Cordelia.Richarqs 34 n 6 50.0 6.00 300 00
Avice M. Young et ux
Barbora Ann Young 34 It 5 50.0 6.00 300 00
George Hall Baker et
ux Ida Belle Baker 34 It 4 50.0 6.00 300 ' 00
George C. Chambers et
------, ux Thelma Chambers 34 " 3 & E. 30' of 2 80.0 6.00 480 00
:
George C. Chambers et W. 20' of 2
ux Thelma Chambers 34 " & Lot 1 70.0 6.00 420 00
Wilbert A. Obenhaus
et ux Dorothy M. Colonial
Obenhaus 25 Terrace 14 58.78 6.00 3.52 68
Robert L. Byrne et ux
Enuna Byrne 25 " 15 & 16 100.0 6.00 600 00
John Wiley Evans et
ux &nna Lou Evans 2.5 " 17 50.0 6.00 300 00
John, Wiley Evans e1;
ux Emma Lou Evans 25 n 18 50.0 6.00 300 00
.
Joe P. Wallace et ux
,- - -1lelda Wallace 25 tt 19 50.0 6.00 300 00
"
R. J. Haase et ux
Lucille G. Haase 25 II 20 50.0 6.00 300 00,
Charles A. Borton
I et ux Loudelle Borton 25 " 21 .50.0 6.00 300 00
William E. Pitts et'
ux Helen M. Pitts 25 " 22 55.0 6.00 330 00
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Block Front- Fr't Ft.
Property Owner No. Addi tion , Lot 'No. \ . Age I Rate Total
William, Edgar Percy. Jr. il
etux Mary mce Percy .,2, . CO::Lonia1' 23 ".0 6.00 330 00
Terrace i I
Douglas B. Williams et J_____
ux Anna J(ae ,Williams 2, 'n 24 & 25 110.0 6.00 660 00
Vern H. House et ux
Agnes ,E. House 2, . n 26 60.0 6.00 , 360 00
Ray E. Hulmes et we
lIargaretL. "Hulmes ' 11 It 13 51.3 .6.00 307 -80
Joe Milton Carsey et ux
Carrie Bess' Carsey' 11 " 14 ,0.0 6.00 300 00
Freda Westheimer and
Bertha Westheimer 11 n 15 50.0 6.00 300 00
Walter W. Bond et we
Opal Bond 11 " 16 50.0 6.00 300 00
Norman M. Hulings, Tr. 11 II 17 ,0.0 6.00 300 00
Al Karchmer et we
Eva Karchmer 11 " 18 ,0.0 6.00, 300 00
Fee Title in: C. W. Il
Jackson, Subject to I I
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Lease and option tQ
,purchase in favor of
J. R. Lee 11 " 19 ,0.0 6.00 300 00
Arvi1e. West et we
Hazel A. West 11 .. 20 ,0.0 6.00 300 00
-
Rollin C. Chambers.et
ux Margaret B ~ Chainbers 11 " 21 . 50.0 6.00 300 00
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TOTAL NORTH SIDE
1,640.08
1,643.24
$9:,840.48
9,859.44
TOTAL SOUTH SIDE
TOTAL SECTION NO.3
3,283.32
19,699.92
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For improvement of_Rice Boulevard, Section No. 5; 31 feet wide, from
W. L. Auden to E. L. College Under October 11, 1948 contract with Russ
-- , Mitch~ll, Inc. Contractor. Cost per linear front foot foz: paving with
monolithic curb $6.00 and $4.50 as directed by Ordinance No. 425.
~. Henry J. Johnson - Engineer for City
SOUTH SIDE'
Block Front- Fr't Ft.
Property Owner No. Addition Lot No. age Rate Total
R. Spence Taylor et College
ux Olive Taylor 15 View 3rd 1 60.0 6.00 360 00
Carl S. Smith et ux
_ Dorothy Smith 15 It 2 57.2 6.00 343 20
Norman Atkinson, Jr.
et ux ThelmaJ. Atkinson 15 It 3 50.0 6.00 300 00
R. L. Smith et ux
Erma Smith 15 It 4 50.0 6.00 300 00
Milton H. Collum et ux
Jani_e L.Collum 15 It 5 50.0 6.00 300 00
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Wyatt Walker et ux
Janie G. Walker 15 " 6 50.0 6.00 ,300 00
/
C. ,E. Lal4aster 15 " 7 50.0 6.00 300 00
Harris H. Johnson et
ux Lois P. Johnson 15 It 8, 50.0 6.00 300 00
Jack S. Dannels et ux
Yvonne Dannels 15 " 9 50.0 6.00 300 00
City of West University
Place 15 n 155'x200' in
A. C.Reyno1ds
Survey
Abstract N,o.
61 155.0 ' 6.00 930 00
TOTAL SOUTH SIDE 622.2 $3,733.20
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NORTH SIDE
Pro perty, Owner Block Addition Lot 'No. " FrQnf,- Fr't'Ft. Total
_ No. _ age _ Rate 0
Martin H.-Kieschnick 4 Sunset f 4 155 4.50 697 50
Terrace 3rd'"
Ernie F .Schnepel et
ux Wilma Schnepel 14 College 10 50 6.00 300 '00
View 3rd
Elizabeth K. Alexander
Widow 14 .. 11 50 6.00 300 00
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EugeneL. Kennedy et
lpC Essie Kennedy 14 n 12,& 13 100 6.00 ' 600 00
-
Harry W. Wilk Jrf. et 14 6.00
me Betty H. Wilk n 14 50 _300' 00
E. L.Navaratil et ux
JoyceL. Na~ratil 14 tJ 15 & 16 100 6.00 600 00
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Pauline Wiedman
FIS 14 It 17 57.2 6.00 343 20
F .H. Wiedman .;'
Single 14 Jt . 18. 60 6.00 360 00
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TOTAL~NORTH SIDE 622.2 $3,$00.70 I
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TOTAL SOUTH SIDE 622.2 3,733.20
TOTAL SECTION 5 1244.4 7,233.90
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, " Section 4. That said several ~ounts' herein assessed, t,ogether with
, interest,- expense/ of collections' and reasonable attorney's fees, if incurred,
shall be and the same, are hereby. declared to.be a first and prior lien on ,and
against said respective abutting properties, which lien shall'be superior to
all other liens andclai.J.Jls except State, County, and City ad valorem taxes;
and said amoun;ts-sp assessed, together with said other items, shall be and the
same are hereby.deeiared to be personal liabilities and charges against the
, 'true'o..mers of, said prope-rties , respectively, whether correctly named or not,
all as provided in. an:d by said Article 110$(b) of Vernon's Annotated Civil'
Statutes of Texas; and such assessments and said other items' shall be collec-
tible and the liens enforceable in any court having jurisdiction; and 'shall be
a personal,liabi~itry and charge against the said owners of the property asses-
sed; that said sums so assessed s~ll 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 University' ~lace, arid another installment to be due and payable on the
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respective dates in 1, 2, 3, 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
per cent (5%) per annum, payable annually, and with interest on principal and
interest after the respective maturity dates at~ight per cent (8%) per annum,
provided", however, that the assessments so levied and the certificates to be
issued in evidence thereof against properties on the respective segregated
sections, as hereinabove set out, shall date from, and be issu~d'asof, the
date of the completion of the improvements on each respective section, separ-
ately, and the acceptance thereof be 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 and interest thereon.
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Section I). 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 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 exe-
cuted 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 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 and evidence the asses-
ments levied and shall declare the lien upon the respective properties and
the liability 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 became at once,
due, and payable and shall be collectible' with, interes.t, expense or collection
and a reasonable attorney's 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, Wes~t, Uni versi ty
Place, and that all prerequisites ;to the fixing of the assessi.Jientlien against
the property described and the personal liability of the owner or owners
thereof have been }:erformed, which recitals shall be evidence of all the
matters recited in s~id 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
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City shall exercise its'Gharter 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 de-
fined are in need of improvement as promptly as possible creates a public
emergency and, therefore, this Ordinance shall be passed finally on the
~'dateof, its intz;oduction this, the' 19th day of November ,A. D. 1948, and
shall take effect immediately upon its passage and approval by the Mayor.
PASSED this 19th day of November, A. D. 1948.
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,Commissioners Buschardt, Hamlett, Holman and Mayor Lanmon voting aye.
None - voting no.
APPROVED thi's 19th day of November, A. D.' 1948.
ATTEST:' '
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