HomeMy WebLinkAboutORD 718 - ORD City Commission Permanent Improvement of Wakeforest Street
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ORDINANCE NO. 718
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AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WEST
UNIVERSITY PLACE., TEXAS, ;F:J:NDING AND DETERMINING THAT IN THE
MATTER OF THE PERMANENr IM'PR0VEMEm' OF BISSONNET AVENUE FROM
THE WEST CURB LINE OF W.AKl!lF;OREST STREET TO THE CENTER LINE
OF THE POOR FARM DITCH AND. OF RICHMOIID ROAD FROM THE . CENrER
LINE OF POOR FARM DITCH. TO THE WEST PROPERTY LINE OF ACADEMY
STREET (BY TEE CITY OF HOUSTON, AIDED BY HARRIS COUNl'Y)
CERTAIN THINGS HAVE BEEN DONE AND CERTAIN EVENTS HAVE TRANS-
PIRED, INCLUDING THE LEVYING BY THE CITY OF HOUSTON OF
ASSESSMENTS OF PART OF THE COST OF sumr WORK AND IMPROVEMENT
AGAINST THE ABUTTING PRO~Y.AND THE OWNERS THEREOF, IN-
CLUDING THE ABUTTING PROPERTY LYING ON THE . SOUTH SIDE OF
SAID PORTIONS OF SAID BISSONNET AVENUE AND RICHMOIID ROAD
WHICH ABUTTING PROPERTY IS WITHIN THE LIMITS OF THE CITY OF
WEST UNIVERSITY PLACE; RATIFYING AND APPROVING SUCH ASSESS-
MENTS; AND DIRECTING THAT CERTIFIED COPY OF THIS ORDINANCE
BE DELIVERED TO THE Crry OF HOUSTON AS ITS EVIDENCE OF SUCH
RATIFICATION A:ND APPROVAL. '
99-
BE IT ORDAINED BY THE CITY COMMISSION OF TEE CITY OF WEST UNIVERSITY PLACE, TEXAS:
Section 1. There has heretofore been delivered. to the City Commission of the City
of West University Place a certified copy of an ordinance of the City Council of
the City of Houston, passed and approved August 22, 1956" entitled:
"AN ORDINANCE FINDING AND DETERMINING THAT IN THE MATTER OF
TEE PEBMANENT IMPROVEMENT OF BISSONNET AVENUE FROM THE WEST
CURB LINE OF WAKEFOREST STREEr TO THE CENTER LINE OF THE
POOR FARM DITCH AND OF RICHMOND ROAD FROM THE CENI'ER LINE
OF POOR FARM DITCH TO THE WEST PROPERTY LINE OF ACADEMY
STREET (WlIlCH PORTIONS OFBISSOmmT AVENUE AND OF RICHMOND
ROAD CONSTITUTE TOGETHER A SINGLE AND UNl3ROKEN AND UNIN-
TERRUPrED STRE:EX', ROAD, AND THOROUGHFARE OF AND IN. THE CITY
OF HOUSTON, TEXAS), CERTAIN THINGS HAVE BEEN DONE, AND
CERTAIN EVENTS HAVE TRANSPIRED; CLOSING THE HEAR:llltJGIVEN .
TO THE REAL AND TRUE OWNERS OF PROPERTY ABUTTING THEREON
AS TO SPECIAL BENEFITS TO ACCRUE TO SAID PROPERTY AND THE
TRUE OWNERS THEREOF BY VIRTUE OF A CERTAIN IMPROVEMENT OF
SAID PORTIONS OF BISSONNET AVENUE AND OF RICHMOIIDROAD,
AND AS TO THE ACClJRACY, SUFFICIENCY, BEGULARITYAND VALID-
ITY OF THE PROCEEDINGS AND CONTRACT IN CONNECTION WITH
'SAID IMPROVEMENI'S AND ASSESSMENTS, AND ANY MATTER OR
THING CONNECTED THEREWrrH; OVERRULING AND DENYING ALL
PROTEST AND, OBJECTIONS OFFERED; FINDING AND DETERMINING
SPECIAL BENEFITS TO EACH, PARCEL OF PROPERTY AND THE OWNERS
THEREOF IN EXCESS OF THE AMOUNI' OFTBE RESPECTIVE ASSESS-
MENrS AGAINST THE SAMEl; FINDING THE. REGULARITY OF ALL PRO-
CEEDINGS, AND THE PERFORMANcm:,;~(')FaU.L' PREREQUISITES TO
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FIXING THE ASSESSMENT LIENS AND TEE PERSONAL LIABILITY OF THE (
PROPERTY OWNERS; LEVYING ASSESSMENTS, FOR THE USE AND BEImFIT .
OF THE CITY OF HOUSTON AND FIXING A CHARGE Am> LIEN AGAINST
SAID PROPERTIES SO' ABt1l'rING SAID STREET OR STREETS AND THE
TRUE OWNERS THEREOF FOR THE 'PAYMENT OF A' PART OF THE PORTION
OF THE COST OF SAID 'IMPROVEME:NTS WHICH IS, TO BE BOIOOl BY THE
CITY OF HOUSTON IN THE FIRST INSTANCE; PROVIDING FOR THE
ISSUANCE OF ASSESSMENT - CERTIF;J:CATES AND THE MANNER OF THEIR
eooi..JlQT.l.Q:tL~N.R_$~I~T!'!!lH$_. ~TED THERFrO; AND DECLARING
AN ,~.mmro'tll'l\Tr;nr "",- .-. . ,,--, - - . ,. ,. .
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, by which ordinanc~ it was made to appear and the City Commission of the City of
West University Place hereby finds and dete~ines:-
(a) By ordinance passed and approved August 1" 1956, the City Council of
the City of Houston, Texas, determined the necessity for and ordered the per-
manent improvement of Bissonnet Avenue from the west curb line of Wakeforest
Street to the center line of the Poor Farm Ditch (being at about the point
where Edloe Street intersects Bissonnet Avenue and Richmond Road at their in-
tersection), and of Richmond Road from the c.enter line of the Poor Farm Ditch
.to the west property line of Academy Street (which together constitute a
single unbroken and uninterrupted street, road and thoroughfare of and in the
City of Houston, Texas, extending from the west curb line of Wakeforest Street
to the west property line of Academy Street), in accordance with plans and
specifications in such ordinance referred to" which plans and specifications 0
provide in principal substance for the construction upon and along said portions
of Bissonnet Avenue and of Richmond Road of two reinforced concrete paved
. roadways separated by an esplanade (in which there will, however, be openings
at certain points as provided by the plans) with monolithic concrete curbs and
appurtenances and incidentals to such improvements, including the construction
of an appropriate bridge structure over the said Poor Farm Ditch and together
also with certain incidental and appurtenant storm sewer construction" such
two paved roadways to be of reinforced concrete seven inches (7") in thickness
and each of a vTidth of twenty-four feet (24') measureQ. between the faces of the
curbs; and
(b) Prior thereto Harris County and the City of Houston had entered into
a contract to the effect that they would jointly participate in and respect-
ively bear certain portions of the cost of such work and improvement, to-wit" in
particular that Harris County:would bear $253,057.41 of the paving cost and that
the City of Houston would bear the.entire storm,sewer cost and the remainder of
the paving cost, reserving, however, to the City the right to levy assessments
against the abutting property 01vnersfor a part of the remaining paving cost
to be borne by the City in the first instance. Pursuant to their such contract,
bids for such work were received by the City of Houston and the Commissioners'
Court of Harris County, Texas, on July 11, 1956; and pursuant to such bids, the
City Council of the City of Houston and the Commissioners' Court of Harris
County, Texas, have awarded and authorized the execution of a contract therefor
wi th Ramey Contracting Company" Inc., at a--total estimated cOt).struction cost, ,
of $325,785.71, based upon the unit prices bid by the said bidder and the es- 0
timated quantities of the various items of construction entering into the
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project as stated in the bid proposal; and
(c) Based upon such bid and pursuant to direction given h~m by the City,
Council by its Motion No. 5867, the City's Director of PUblic Works and Engin-
eeringdid, on July 19, 1956, file with the Mayor and City Council his estimate
of the cost of said work and of certain portions of said cost, estimating the
total paving cost, including the cost of the bridge structure over Poor Farm
Ditch and including also estimated engineering miscellaneous and incidental
cost and expense at $298,304.06, and did estimate the remaining such paving
"cost to be borne by the City over and above the amount to be paid as aforesaid
'by the County, at the sum. of $45,246.65" and did estimate and propose the fol-
lowing amounts or rates as the proper assessments to be levied against the
abutting property owners to result in the reimbursement to the City to the
extent of nine-tenths (9/10) of the part of the cost of the project, to-wit,.
of the paving cost to be borne by the City" to-wit:-
(1) At the rate of $7.10 per lineal front foot against the abutting
property and the owners thereof abutting upon the north side of
BissonnetAvenue between Wakeforest street and Edloe street and
abutting upon the north side of Richmond Road between Auden
street and Academy street (said property appearing to be unre-
stricted as to its uses); and '
(2) At the rate of $1.00 per lineal front foot -against the abutting
property and the owners thereof abutting upon the north side of
Richmond Road between Edloe Street and Auden street, and upon
the south side of Bissonnet Avenue between Wakeforest street
and Edloe Street, and upon the south side of Richmond Road
between Edloe street and Academy street (said property all
appearing to be restricted to residential or similar uses);
and
(d) By its ordinance above referred to of August 1" 1956, the City Council
did approve the said estimates so filed with it by the City's said Director and
did order that a hearing be given to the real and true owners of property
abutting upon the said Bissonnet Avenue and upon the said Richmond Road within
the respective limits specified and to all persons owning or claiming or
having any interest in any of such property or in any of said matters as to
the proposed assessments and as to the benefits in enhanced value to their prop-
erties which would be enjoyed by the abutting property and the owners ,thereof
from said improvements" and as to the amounts proposed to be assessed 'against
the said abutting properties and the real and true owners thereof; and as to
the special benefits to said abutting property and the owners thereof by means
of,said improvements for which assessments are to be levied, and as to the a.c-
curacy, sufficiency, regularity and validity of the proceedings and contracts
in connection with said improvements and proposed assessments and concerning
any matter or thing connected therewith; said hearing 'to be held in the Council
Chamber of the City Hall of the City'of Houston, Texas, at 10:30 a.m. on the
l5th day of August, A. D.1956, at which time all persons" firms, corporations,
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or estates owning or claiming any such abutting property and their agents or 0
battorneysl' ordPe~fsons i~dterested din the proceedings might appear in person or . ,
y counse an o~ er eV1 ence; an
(e) As ordered and directed by said ordinance and as provided for and in
accordance with the terms and provisions of Chapter lo6 of the Acts of the First
Called Session of the Fortieth Legislature of the state of Texas (as from time
to time amended), known and shown as Article 1105b of Vernonls Annotated Civil
statutes of the state of Texas, and as adopted by and as Article IV-b of the
Charter of the City'of Houston, Texas, notice of said hearing so ordered to be
given was duly given by advertisement by publication of same in the Houston
Press, a newspaper published in said City of Houston, Texas" on August 3, '1 a.nd
8,1956, said notice so published, having described the nature of, the improve-
ments for which assessments were proposed to be levied and to which said notice
related" having stated the respective portions of Bissonnet Avenue and of
Richmond Road to be improved, and the estimated amounts per front foot proposed
to be assessed against the owners of abutting property on said portions of said
two streets with reference to which the hearing mentioned in said notice was to
be held, and having stated the estimated total cost of the entire improvement
and prouect contemplated and the total estimated cost of the paving work and of
the portion of said cost to be borne in the first instance by the City of
Houston, and having stated the time and place at which said hearing would be held,'
and said notice having in all, respects fully met ,and complied with all provisions
of law requisite or pertinent thereto; and
(f) After such due" regular and proper notice thereof, all as provided by
law and the Charter of the City of Houston, said hearing of which notice was so
given was opened at lO:30 o'clock a. m. on August 15" 1956, in the Council
Chamber in tbeeC~ty Hall of and in the City of Houston, 'Texas, pursuant to the
notice hereinabove referred to, at which time an opportunity was given to all of
said referred to persons, firms; corporations and estates, their agents and
attorneys, to be heard and to offer evidence as to all matters in connection with
such proposed improvement and proposed assessments, at which time testimony was
heard by the City Council of the City of Houston to the effect that the benefits
to the abutting property would in every instance be in excess of the proposed
assessments; and at the conclusion of such hearing, a motion was q.u1y made,
seconded and passed by the said City Council of the City of Houston which did,
among other things, determine benefits to the abutting property and theowne:r~
thereof', abutting on the south side of Bissonnet Avenue between Wakeforest
street and the Poor Farm Ditch, and to the abutting property abutting on the
south side of Richmond Road between the Poor Farm Ditch and Academy Street, and
to the owners of such property in enhanced value thereto from said work and im-
provement to the extent of at least $1.00 per front foot" and an ordinance was
ordered prepared levying assessments against the abutting property abutting on
the south side of said two streets between said limits at the said rate of $1.00
a front foot; and
(g) By its such ordinance of August 22, 1956, the City Council of the City
of Houston did, among other things, levy and assess against the properties
abutting on the south side of said portions of said two streets and against the
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real and true ovmers thereof"res-pectively, the following amounts, the description
of', said properties and the names of'the apparent owners thereof' respectively, and
the several amounts so assessed being:-
Property Owner
BISSOrrnET AVENUE - RICHMOND ROAD - SOUTH SIDE
Lot Number
or :Block
Addition Description Number
A. Ross Williams, et ux
Anna Mae Williams
Monticello
15
2
John W. Blalock, Trustee
for Charlotte :mdna Hollan
"
14
2
,t
T. P. Wier
"
2
13
Mrs. Fay L. Whitehurst,
Mrs. Dorothy Whitehurst
Heard, James Reagan Whi te-
hurst, J. G. Whitehurst" Jr.
"
12
2
Robert Muhlemann
"
Lot 11 and
east 9' Lot 10 2
Beda Sanders, feme sole
"
W. 41' of Lot
10 and the E.
l7' of Lot 9. 2
E. J." Christianson
"
E. 25 t of"'L9t
8" and tlie W.
33 ft. of Lot 9 2
E., J.Christianson
It
Lot 7, and the
W.~ of Lot 8 2
'E,,": J.,.. Christianson
r),.-,).:.
"
"
6 2
~. J. Christianson
"
5 2
Vest & Storkey
Construction Co., Inc.
It
4 2
R. R. Vest
"
3 2
R. R. Vest
l!
2 2
R. R. Vest
"
1 2
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Prope;rty
Frontage
Total
Assessment
96.57
96. 57
50.00
50.00
50.00
50.00
50.00
50.00
59.00
59.00
58.00
58.00
58.00 58.00
75.00 75.00
50.00 5~;OO
50.00 50.00
50.00 50.00
50.00 50.00
50.00 50.00
50.00 50.00
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Property Owner
Lot Number
or
Addition Description
Block Property
Number ,Frontage
BUFFALO SPEEDWAY
st. Andrews Presbyterian
Church
WUP 2nd Sec.!l 90' of the
N 16o'of Lot 1 89
90.00
RUTGERS STREET
:D. Kuritza et ux
Katherine ~uritza
tI
2 90
150.00
Ray D . Roy et- ux
Eleanor V. Roy
EarlM. Morin et ux
La,Nelle S. Morin
tI
E 75' of N
175' of Lot 1 90
W ,75' of N 175'
of Lot 1 90
WESTCHESTER STREEn'
75.00
fl
75.00
West University Church
of Christ
148.75
WUP 2nd Sec.
2
91
Garland Gaylor, Bayard
G'.Gaylor, Mildred Gaw,
Rhea J. Rogers
91
148.75
"
1
SEWAEEE STREET
Gus C. Dittmer
fl
92
150.00
2
St. George's Orthodox
Church
fl
1
92
150.00
MERCER STREET
Ji05
Total
A~sessment
90.00
150.00
75.00
75.00
'dt
148.75
l48.75
150.00
150.00
RomerW. McCallon et ux E 75' of the N125 ,
Virginia D. Mcqallon tJ qf ,Lqt 2 93 75.00 75.00
<
Charles Allen Wyatt et ux W 75' of the N125 ,
Madeline B. Wyatt l! of Lot 2 93 75.00 75.00
Charles Allen Wyatt et ux
Madeline B. Wyatt tI 1 93 150.00 150.00
~ ::c ::'
Gustavus N. Kinkead et ux Sunset Terr.
Billie L. Kinkead Sec. 9 1 7 94.00 94.00
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Property Owner
James F. Berly Jr. et we
Bettie Jean Berly
E.W. Anders et we
Faye Anders
Orten W. Sollie et ux
Bei;ty M. Sollie
Raymond F. Strater et
we Edna M. Strater
C. E. Wood et ux
Tampa "Wood
William T. Griffin et ux
Ana May Griffin
Wilson Howard Suydam et
ux Marion F. Suydam
Edgar R. Woodhouse et ux
Dolores Woodhouse
Herman L. Murchison et ux
Rachel Murchison
Vernon G. Sheffield et ux
Frances Jane Sheffield
Robert Brinton et ux
Adelaide C. Brinton
Edward D. Landry et ux
Marjorie M. Landry
Lot Number
or
Addition' Description
Sunset Terr.
Sec. 9
MERCER STREET
"
2
"
3
4
If
5
If
6
If
7
\
"
8
II
_9__.",
"
10
II
11
~lock
Number
7
7
7
7
7
7
7
7
7
7
Lot 12 & part of
Lot 13 a~ described
in a deed recorded
in Voi. 2565,Page 26,
H.e.D.R. ~,
"
Lo~ 14 & part of
Lot 13 as described
in a deed recorded
in Vol. l447, Page
124" H.C.D~R. 7
"
PeterR. Harriset ux Sunset Terr.
IIouise Harris Sec. 9
Lot 15 & part of
Lot '14 as described.
in a deed recorded
in Vol.1456, Page 5
428, H.C.D.R.
Property Total
Frontage Assessment
89~00
60.00
60.00
60.00
60.00
60.00
60.00
60.00
60.00
60,00
60.09
179.00
130.00
89.00
60.00
60.00
60.00
60.00
60.00
60.00
60.00
60.00
60.00
6p.oo
17:?,.O?, '
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130.00
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property Owner
Eddie Lee Strelau
May J. Terry
D. T. Austin, Surviving
Partner of the firm of
Haden & Austin;
R. T. McDow and W. P.
~mblem, Independent
Executors of the
Estate' of W.D. Haden"
Deed.
Herman J. Pfeifer, Jr.,
et ux Helen Pfeifer
E.' A. Berry Jr. et ux
Lois Berry
Addition
Lot Number
or
Descri'Ption
Block
N:umber
MERCER STREET
II
16
5
Property
Frontage
97.30
A triangular tract of land out of
the 'Morse Subdivision of the A. C.
Reynolds 0 Survey" described as'
follows, to wit: -
Beginning at a point in the north
line of Blo~k 2" Sunset Terrace
Add." Sec. 1, 28 feet easterly
from the intersection of the said
north line of Block 2, with the
southeasterly line of Richmond Rd.;
Thence, in an easterly direction
along said north line of Block 2,
55 feett~ the southwest corner of
Lot l6" Block 5,., Sunset Terrace
Add." Sec. 9;
Thence, northerly with the west line
of the aforesaid Lot 16, 48.1 feet
to the southeasterly line of Richmond
Road;(':Ch€ince~(:SQutllweste:t11yLa.long
the squtheast line of Richmond Road
63.48 feet to the northeast corner of
a tract of land described as Tract No.
2 in a deed recorded in Vol. 2466,
Page 584, R.e.D.R.;
Thence in a soUtherly direction
along the east line of the aforesaid
Tract NO.2" 15.54 feet to the place
of beginning. - 63.48
The east 55' of Lot 1, and the ad-
joining 5' of Lot 2, Block 2, Sunset
Terrace Add." Sec. 1, and a tract of
land described as Tract NO.2" all'
described in a. deed recorded in Vol."
2466" Page 584, R.C.D.R.
Sunset Terr.
Sec. 1
The W 73.15' of Lot
1" as described in a
deed recorded in Vol.
2893, Page 93, R.C.D.R.
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-68.93
84.37
107
Total
Assessments
97.30
63.48
68.93
84.37
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Property Owner
Lot Number
or Block Property Total
Addition Description Number Frontage Assessment
D
MERCER 'STREET
A tract of land in
the A. C. Reynolds
Survey described
in a deed recorded
in Vol 2668, Page
56, H.C.D.R. 177.65 177.65
College View The east 10' of
Add. ,3rd Sec. Lot 1- 1 10.00 10.00
George D. Smith et ux
Alice Smith
J. C. Jacques
)
E. J. French
If
"
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Lot 1, save and
except the E 10'
thereof.
1
204.00
204.00
Minnie Knittel
"
II
"
Lots 2 and 3
4
100.00
lOO.OO
Vivian Leatherberry
Smith, Trustee
l!
"
"
~
Lot 1, save and
except the W 2.5'
thereof
169.39
169.39
W. A. Horne
Bissonnet Pl. Lot 5, save and
except the E.2.5
feet thereof.
2
1']2.44
112.411D
Mrs. Olive E. Illiq,
feme sole . < ^
Carl Illiq, Jr. If " " 4
R. E . Boyker If II " 1,2,3
2
82.40
248.30
82.40
248.30
1
42, 539.53
(h) The assessments so levied by the City Council of the City of Houston were
by such ordinance provided to be payable in ten equal installments, one installme~t
within thirty days atter the completion of said improve~nts and the acceptance ~
thereof by the City of Houston" Qn~ ;.nf!tallm.ent one year from the date of such ac-,
ceptance" and'subsequent installments on the successive anniversaries of the date
of such acceptance; and were provid.ed to bear interest at the rate of five per cent
(5'/0) 'per annum, payable annually; and were provided to be payable to and for the use
and benefit of the City of Houston in order that it might thereby recoup and recover
that much of the cost to it of the paving project herein referred to.
Section 2. The City Commission of the City of West University Place, Texas, further
finds and determines that thereafter a certified copy of the said ordinance of
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'-":AUgu.st_:?2~=:;;L956, of the City Council of the City of Houston was received by the
said City Commission with:arequest that as provided by Article 1105b of the
Revised Civil statutes of-the state of Texas commonly known as the state Paving
Law, the city Commission of the City of West University Place consider the
matter of ratifying and approving the said assessments hereinabove referred to
and that thereafter by ordinance the City Commission of the City of West Univer-
~ity-Place did order and direct that a hearing be held by and before it at its
regUlar meeting to be held at 7:30 o'clock p.m., on the first day of October,'
1956, at its regular meeting place in the City Hall of and in the said ,City of
West University P~ce for the matter of considering the propriety of so rati-
fying ana approving said assessments, and did direct that notice be given and
notice was given by advertisement thereof of the fact that such meeting was to
be held, which notice was given by publication in ~e Houston Chronicle on Sep-
. tember l2, 19 and 26, 1956, in which notice there was stated among other. things
the fact of the time and place at which such hearing would be held and of the
matters to be then and there considered and of the fact that Houston had so '
levied said assessments against the said abutting property lying within the
limits of the City of West University Place and of the fact that said assess-
ments were at the rate of $1.00 per front foot. '
Section 3. At the time and place stated in said notice, to-wit, at its regular
Council meeting convened at 7:30 o'clock p.m. on August 1, 1956, in its r~gular
meeting place in the City Hall in the City of West University Place, said hearing
was held by and before the said City CoDmdssion of said City; and at said hearing
all persons desiring to be heard in connection with said paVing project or the
proposed assessments or the proposed ratification and approval thereof by the
said City Commission were heard; and the propriety of so ratifying and approving
said assessments was and has been fully considered by the City Commiss~on of the
City of West University Place, being its governing body.
Section 4. The City Commission of the City of West University Place 9.oes hereby
in all things ratify and approve the said assessments so levied by the City
Council of the City of Houston as hereinabove set forth and listed and as herein-
- above further briefly describe.d.
Section 5. The City Secretary of the City Of West University Place is hereby
authorized and directed to deliver a certified copy of this ordinance to the
City of Houston as its evidence and assurance that the said assessments $0 levied
by it against the abut'tiing property lying within the limits of the City of West
University Place abutting upon the portions hereinabove described of Bissonnet
Avenue and Richmond Road respectively have been so ratified and approved by this
the City Commission of West University Place. ,
PASSED AND APPROVED THIS 8m DAY OF OCTOBER, 1956.
COMMISSIONERS VCYrING AYE: All.
COMMISSIONERS VOTING NO: None
ATTEST:
a..~, )/ ~~
EDWIN W. MORRIS OR
City of West University Place, Texas
. .. ~~_p,J
CITY SE ARY ,
, ,
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