HomeMy WebLinkAboutORD 756 - ORD Closing Hearing for Real & True Owners of Property Abutting
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ORDINANCE NO. 756
AN ORDINANCE CLOSING THE HEARING GIVEN TO THE REAL AND TRUE OWNERS OF PROPERTY
ABurTING ON:
Section 1,
WESTCHESTER AVENUE BETWEEN UNIVERSITY
BOULEVARD A1ID DUKE STREET
Section 2,
WESTCHESTER AVENUE BETWEEN CASON STREET
AND ,BELLAIRE BOULEVARD
RlJrGERS AVENUE BETWEEN UNIVERSITY
BOuu:VARD A1ID DUKE STREET
RUTGERS AVENUE BETWEEN CASON STREET
AND BELLAIRE BOULEVARD
Section 3,
Section 4,
Section 5,
VAJ.IIDERBILT AVENUE BETWEEN .CARNEGIE STREET
AND BELLAIRE BOULEVARD
AND TO ALL OTHER IJilTERESTED PARTIES, AS TO SPECIAL BENEFrrS TO ACCRUE TO SAID PROP-
ERTY AND THE TRUE OWNERS THEREOF BY VIRTUE OF TEE IMPROVE.MENTS, AND AS TO THE
PROPoSED ASSESSMENTS THEREFOR" AND AS TO THE ACCURACY, SUFFICIENCY, REGUI.ARITY AND
VALmITY OF THE PROCEEDINGS AND CONTRACT IN COl'J:NECTIONWITH SAm IMPROVEMENTS AND
ASSESSMENTS, AND ANY MATrER OR TH:r;NG COl'J:NECTED THEREWITH; FINDING AND DETERMINING."
THE REGULARITY Of ALL PROCEEDINGS AND THE PERFORMANCE OF ALL PREREQUISITES TO
FIXING ANf),.LEVYING THE ASSESSMENT LIENS' A1ID THE PERSON"AL LIABILITY OF PROPERTY
, OWNERS; OVRR"8ULUlG. 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 M40UNT OF THE RESPECTIVE ASSESSMENTS AGAINST SAME; LEVYING ASSESSMENTS;
FIXING A CHARGE AND LIEN AGAINST THE RESPECTIVE PROPERTIES ABUTTING ON THOSE POR-
TIoNs OF SAID STREETS TO BE IMPROVED AND AGAINST THE TRUE OWNERS THEREOF FOR THE
PAXMENT OF PART OF THE COST OF THE IMPROVE.MENTS WITHIN THE LIMITS DESCRIBED; PRO-
VIDINGFOR THE ISSUANCE OF ASSESSMENT CERTIFICATES AND THE MANNER or THEIR COLLECTION;
AND DECLARING AN EMERGENCY.
WHEREAS, the City Commission of the City of West University Place, Texas,
has heretofore, by Ordinance No. 753 duly and regularly passed and approved February
23, 1959, determined the necessity for and ordered the improvement of
Section 1, WESTCHESTER AVENUE BETWEEN UNIVERSrry
BOULEVARD AND DUKE STREET
Section 2, WESTCHESTER AVENUE BETWEEN; CASON STREET
A1ID' BELLAIRE BOULEVARD
Section 3, RUTGERS AVENUE BETWEEN UNIVERSITY
BOULEVARD A1ID DUKE STREET
Section 4, RurGERS AVENUE BETWEEN CASON STREET
A1ID BELLAIRE' BOULEVARD
Section 5., VANDERBILT AVENUE BETWEEN CARNEGIE
STREET AND BELLAIRE BOULEVARD
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in the City of West University Place, Texas, in accordance with plans and speci-
fications prepa~ed by the City Engineer, and approved by the City Commission in
said Ordinance, by the construction thereupon of a compacted stabilized shell
base and three course inverted penetration wearing surface, and by the construc-
tion, reconstruction, repairing and realigning of curbs and gutters, and
appurtenances and incidentals to such improvements, all'as more specifically
shown by said plans and specifications; and by said Ordinance said work and im -
provement was authorized tobe executed,' performE(d and constructed directly by the
street Department of the City of West University Place in conformity with the de-
tailed plans, specifications and estimates and under the direction and supervision
of the City Engineer; and
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WHEREAS, the i~provements have been divided into Sections as above designated,
each of which shall be a separate and distinct unit unto itself, wholly unrelated
to and independent of each other such Section.
WHEREAS, upon examination of the estimates of costs of said improvements and
of the various portions thereof theretofore prepared by the City Engineer, as
earlier required, said City Commission of the City of West University Place, Texas,
by its Ordinance No. 754, duly and regularly passed and approved February 23, 1959,
ordered that a hearing be given to all owning any property abutting upon said por -
tions of the streets therein and herein set out, and within the limits set forth,
and to all ow~ing ~nd clai~ing any interest therein, and to all interested in any
assessment or any of the proceedings with referenci thereto, as to the proposed as-
sessments 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 assessments are to be levied, and as to the 0
accuracy, SUfficiency, regularity, and validity of the proceedings and the contract . :,'
in connection with such improvements and proposed 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 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 hearing to be held by and before the City
Commission of the City of'West University Pl~ce, Texas, at 7:30 o'clock P.M. on
March 23, 1959, 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 notice of said hearing by public
advertisement thereof, as therein specified, in accordance with the~law and the
Charter and Ordinances of the City of West University Place, Texas; and
WHEREAS, said notice, as ordered and directed by the City Commission and as
required by the terms and provisions of Chapter 106 of the Acts of the First Called
Session of the 40th Legislature of the State of Texas, commonly ~nown as Article
1105(b), Revised Civil Statutes of Texas, 1925, heretofore adopted by the City of
West University Place, Texas, in and as a part of the Charter of said City, and
as required by the Charter and Ordinances of'said City, has been duly given by ad-
vertisement thereof by publication of same in the Houston Chronicle, designated
~~~ as the official newspaper of the City, on March 4th, 11th and 18th,. 1959, same
being published in Houston, Texas, being the nearest to the City of West University
Place, Texas, of general circulation in Harris County, wherein said City is located;
said notice so published having described the nature of the improvements for which
assessments were proposed to be levied and to which such notice related, having 0
stated the highways and tbe portions thereof to be improved, the estimated amounts ! '
per front foot proposed to be assessed against the oWners of abutting property, and
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such property on such highways 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 improvements on such highways and each portion
thereof, and having stated the time and place at which such hearing should be held,
and said notice having given additional information and having, in all respects,
fully met and complied ,with all, provisions of law and of the Charter and Ordina-
nces 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 City Engineer and by real estate experts familiar with
the proposed improvements, the respective properties on the above andhereinafte~
stated -Portions (;If tue streets to be d,W-nf9ved, andtne-Pi'esent cbnditipl1bf-,the\,ex-
isting stJreets,and various property owners and other parties interested in the
proceedings appeared and made statements and gave testimony; and at said hearing,
all parties desiring to be heard concerning any of the matters hereinabove and in
said Ordinance No. 754 and in said notice mentioned, and as to any 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 special
benefits of and to said abutting properties, ,and each parcel thereof, and to the
respective owners thereof in the enhanced value of said respective properties by
means of such improvements, and said City Commission having heard and considered
the evidence and having given a full and fair hearing to all parties appearing or
desiring to appear; and having determined at such hearing said special benefits as"
aforesaid; and having determined ;tn,ah,th~re:i;S<t?-otto b'1'a$se.s-s~q.,a;ga:Lns.t said ~9'lJ.t-
,ting properties and the respective owners thereof more than all the cost of
constructing curbs and gutters and 9jlOthsof ,the remaining cost of such improve -
ments, as shown on the estimate. of the City Engineer; and having determined that
the Front Foot Planar 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 etlhanced value to be received by such respectiv~ parcels of property and the
owners thereof, the equities of such mmersand the adjustment of such apportionment
so as to produce a substantial equality 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 qr Rule and the apportion~
ments 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 e'quitable, 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 o,mer thereof by means
of said improvements, and that, with the exception of apportionments and adjust -
ments in particular ,cases which have been granted and allowed in determining the
amounts of the assessments hereinbelow made, all other objections and protests,
should be overruled and d~nied; and
WHEREAS, all proceedings with reference to the making of the improvements
hereinabove mentioned have been regularly had and duly and legally taken and.per-
formed in full compliance with the law and the Charteral!d Ordinances of the City
of ,\{est University Place, Texas, and all prerequisites to fixing the assessment
lien agains~operties hereinafter listed, a~ the personal liabilities of
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the respective owners thereof, have been performed, and upon complet'ion of the
work, and upon the acceptance thereof by the City of West University Place, as-
signable certificates should be issued in evidence of said assessments and liens,
and the personal liability of the true o\vner or owners of the respective proper-
, ties, whether correctly named or not, all as provided by law and by the Charter O.
and Ordinances of the City; NOW, THEREFORE, .
BE rr ORDA:rnED BY TEE CITY COMMISSION OF THE CITY OF WEST UN'IVERSITY PLACE"
TEXAS:
Section L - 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 1, WESTCEESTER AVENUE BETWEEN UNIVERSITY
BOULEVARD AIm DUKE STREET
Section 2, WESTCHESTER AVENUE BETWEEN CASON STREET
AIm BELLAIRE BOULEVARD
Section .3, RtJrGERS AVENUE BETWEEN UNIVERSrry BOULEVARD
AND DUKE STREET
Section 4, RtJrGERS AVENUE BETWEEN CASON STREET AND
BELLAIRE BOULEVARD
Section 5, VAImERBILT AVENUE BETWEEN CARNEGIE STREET
AND BELLAIRE BOULEVARD
and within the limits above defined and to all owning and claiming any 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.
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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 re- ,
ference to the making of the improvements on each of said portions and sections of
the streets to be improved as hereinabove stated, have been duly, legally and regu-
larly 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 prerequisities to
the execution, performance and construction of said work and improvements directly
by the Street Department of the City, and all prerequisites to the fixing of the as-
sessment lienagainst the respective properties hereinafter listed, and the personal
liability of the respective owners thereof, whether correctly named or not, and
whether known or unknown, have been, in all thing, met, performed and complied with;
that all persons interested have been given a full and fair hearing on all matters
and things in connection with said improvements and assessments; that there is not
to be assessed against the abutting properties and the owners therof more than all
the cost of curbs and gutters and 9/10ths of the remaining cost of such improve -
ments, as shown on the estimates of the City Engineer;' 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 Chart~r and Ordinances of the City,
so as to produce a substantial equality of benefits received and burdens imposed;
and that the special be'!:iefits to each parcel of property and the mvner thereof in I 0
the enhanced value thereof by means of said improvements, as determined at said
hearing, are, in each instance, in-excess of the amount of the assessment made a-
gainst such parcel of property and its owner, and that the assessments, liens and
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charges herein levied, declared, and fixed against said properties and their
owners, are, in all things, just and equitable; and that all protests and objec-
tions, other than those taken into consideration in fixing the amounts of the
assessments and liens, as hereinafter stated, and whether'specifically herein
mentioned or not, should be, and the same are hereby, in all thtngs, overruled
and denied.
Section 3. That the City Commission of the City of West University Place,
Texas, being the governing body of said City, pursuant to the Ordinances and all
other proceedings heretofore passed ,and held, and pursuant to the above mentioned
estimates, reports, lists and statements of the City Engineer, and pursuant to the
~notice and hearing hereinabove mentioned and by virtue of the powerS conferred by,
and the provisions of, the above mentioned Chapter 106 of the Acts of the First
Called Session of the 40th Legislature of the state of Texas, commonly known as
Article 1105(b), 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,
does hereby fix and determine and does hereby levy and assess against the respec-
tive properties abutting upon the above and hereinafter stated portions of the
highways and the 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, to wit:
Section 1 - WESTCHESTER AVENUE BETWEEN UNIVERSrry
BOULEVARD AND DUKE STREET
Cost per linear foot to property owners $1. 25
Property Owner Addition Lot No. Block No. Frontage Total Assessment
] W. o. Cox West University 7 23 120 150.00 .
Place First Addn.
" Nt6 23 50 62.50
w. C. Brodie
A. Pittman " S t 6 23 50 62 . 50 .
Mrs. I.M. Lord " Nt 5 23 50 62.50
C. B. Jones, II S t 5 23 50 62. 50 .
Dr.N.C. 1findrow 11 Nt4 23,,' 50 62. 50 .
E. C. York Ii S t 4 23 50 62. 50 .
W.B. O'Brien " Nt3 23 50 62. 50 .
O. Klaveness II S t 3 23 50 62. 50 '
H. P. Judah " Nt2 23 50 62. 50 .
A. F. Benfield " S t 2 23 50 62.50
C. B. Paris II 1 23 190 125.00 .
J c. A . Weber II 9 & 10 22 220 275.00 .
B. C. Simpson II 11 22 100 125.00'
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Section 1 - con ltd.
Property Owner 'Addition Lot No. Block No. Frontage Total Assessment
D. T. Kirby West University N t 12 22 50 62. 50 .
Place First Addn. 0
J. W. Thomson It S t 12 22 50 62 ~50 .
E. H. Hammond It N t 13 22 50 62. 50 .
R. L. Carruthers " S .!. 13 22 100 125 .00 - '
N 114
A/ M. Maher " S ,t 14 22 50 62.50 . "
Mrs.Martin B.Kelly " 15 22 100 125.00 .
Section 2 - WESTCHESTER AVENUE BETWEEN CASON
STREET Al'ID BELLAIRE BOULEVARD
Property Owner Addition Lot No. Block No. Frontage Total Assessment
Mrs. Alma Kuss West University N 751 6 43 75 93.75 .
Place First Addn.
Russell E.Schlorff " S 1251 6 43 125 156.25 .
Robert Ellis " 1 43 199 248.75.
W. H. Lambert II S 75' 4 42 75 93.75 .
0
J. F. Seigmund " 3 42 199 ; . 248.75 -
Irene Oliver " N 125' 4 42 125 156.25 ;
Section 3 - RUTGERS AVENUE BETWEEN UNIVERSITY
BOULEVARD MID DUKE STREET.
Property Owner Addition Lot No. Block No. Frontage Total Assessment
W . ' B. Lee West University N 100' 7 22 100 125.00 .
Place First Addn.
R. A. Kerr " N 40' 7 22 60 75.00 .
S 20' 7
Patsy Lankford II S 60' 6 22 60 75 ,,00'
John C. Lamar II 5 22 100 125.00 .
M. L. Lunceford " Nt4 22 50 62. 50 ",
A. S. Daniel " S t 4 22 50 ' 62 . 50 .
Chas. D. Watson " Nt 3 22 50 62. 50 . a
I. L. Samuels " S t 3 22 50 62.50.
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Section 3 - con'td.
Property Owner Addition
Lot No. '
Block No. Frontage Total Assessment
Earl L. Church West University 2
Place First Addn.
22
100
125.00 .
M.L. Heisey
II
125.00
1
100
22
Section 4 - RUTGERS AVENUE BETHEEN CASON STREET
AND BELLAIRE BOULEVARD
Property Owner
Addition
Block No. Frontage Total Assessment
Lot No.
James J. Saha West University N 59' 6
Place First Addn.
42
59
73.75 .
A. Ray Sims " 70' of 6 42 70 87 . 50 .
Emil G. Nasser II S 71' 6 42 71 88.75 .
G. Reid Hodgson II N 80' 1 42 80 100.00 .
X. B. Robertson II S 119' 1 42 119 148.75 .
J. Lawrence Graham tI 4 41 200 250.00 .
] Mrs. G. Lawrence II 3 41 199 248.75 .
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Section 5 VANDERBILT AVENUE BETWEEN CARNEGIE STREET
AND BELr.AIRE BOULEVARD
Property OWner Addition Lot No.
R. E. McBrayer West University E 90 x
Place First Addn.100t 6
Block No. ~rontage Total Assessment
5 100 125.00. 0
.5 100 125.00 .
5 100 125.00 .
5 50 62. 50 .
5 50 62. 50 .
5 50 62.50.
5 :' 50 :: 6~ . 50 .
5 100 125.00 .
John F. Drapela' " 5
w. H. Farrington " 4
L. B. Corey, Jr. tI N~3
E. H. Johnston il S ~ 3
R. B. Brown " N~2
T. P. Kelly " S 1.2
2
Dr.T. J. Inman " E 70 x
lOOt 1
H. F. Adey " 7 6 100 125.00 .
Elizabeth Angelos tI 8 6 100 125 .00 .
.. Nick J. Angelos " N~9 6 50. 62.50.
0
R. V. Lof"fih tI s~9 6 150 187.50.
Fred A. Rhodes, Jr. " 11 6 100 125.00.
S. A. Germanw " W ~ 12 6 100 125.00 .
P. P. Bongio
tI
1 & 8
4
400
500.00.
Wm. S. Exley
"
S 75' 5
Lillian L. -Deaver
"
4
3
3
3
75
93.75 .
156.25 .
M. :fI. Pruett
"
NW 125t 5
125
200
250.00 '
Section 4. That said several amounts herein assessed, together with interest,
expense of collections, and reasonable attorney's fees, if incurred, shall be and
th~:same2:are hereby declared to be a first andllxpior lien 5m and against said respec-
tive abutting properties, 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 sa~e are hereby declared to be personal
liabilities and charges against the true owners of said properties, respectively,
whether correctly named ornot, all as provided in and by said Article 110~(b) of 0
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 jurid-
diction; and shall be a personal liability and charge against the said owners of
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the property assessed; that said sums so assessed shall be payable as follows, to
wit: In four equal installments, one installment payable within t:p.irty days after
the completion of said improvements and the acceptance thereof by the City of West
University Place, and another installment to be due and payable on, the respective
dates in 1, 2 and 3 years, respectively, after said date of acceptance, with in -
terest on the respective sums so assessed, and each installment thereof from said
date of acceptance, at the rate of six per cent (6%) per' annum, payable annually,
and ,with interest on principal.and interest after the respective maturity dates
at 'eight'per cent (8%) per an!1um;and provid:ed further, that, in the event of de-
fault in payment of any installment of any such assessment and certificate when
due, whether of principal or interest, the whole of such assessment and certifi-
, cate 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 princi-
pal and interest thereon. .'
Section 5. 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 certifica-
tesflhall be issued and delivered and. payable to the City of West University Place,
or assigns, upon completion and acceptance of said improvements, which certificates
shall be executed by the Mayor and attested by the City Secretary, with the corpo-
-rate seal affixed, and said certif~cates shall declare the said amounts, and the
time and terms of payment thereof", ,. the rate of interest payable thereon, the des-
cription of the respective properties against which the aforementioned assessments
have been levied, sufficient to identify same, and s~me shall contain the name of
the apparent owners thereof. .
Said certificates shallfurth~r set forth and evidence the assessments 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~urther 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 City, 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 attorneyts fee, if incurred.
Said certificates shall further recite that the proceedings with reference to
making the improvements therein r~ferred to have been regularly ha9- in compliance
with the law and the Charter of the City of West University Place, and that all
prerequisites to the fixing of , the assessment lien against the property described
and the personal liability of the owner or owners thereof have been performed,
which recitals shall be evidence 01 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~owers and the powers conferred upon it by law when requested so to do
by any holder of said certificates, to aid in the collection thereof.
Section 7. The fact that the portions of the street herein defined are in
need of improvement as promptly as possible creates a public emergencyand,there-'
fore, this Ordinance shall be paSsed finally on the date of its introduction this
the .~ day of March, A.D. 1959, and shall take effect immediately upon its
p~ssage and approval by the Mayor~
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PASSED this 23RD day of March, A.D. 1959.
COMMISSIONERS
COMMISSIONERS
Halbert, Lamkin, Lutz and Mayor Pro-Tem Dav~s
Voting Aye
None
Voting No
APPROVED THIS 23RD day of March, A. D. 1959.
ATTEST :
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City ,c~ry
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