HomeMy WebLinkAboutORD 806 - Closing the Hearing to Real and True Owners on Property Abutting on Certain
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ORDINANCE NO. 806
AN ORDINANCE CLOSING THE :H:I!1lffiING GIVEN TO THE REAL MID TRUE OWNERS
ON PROPERTY ABUTrING ON CERTAIN PORTIONS OF: '
SWARTHMORE STREET IN THE 3800 MID 4000 BLOCKS THEREOF;
AMHERST STREET IN'THE 4100 BLOCK THEREOF;
BYRON STREET IN THE 4000 AND 4100 BLOC:tCS THEREOF;
RILEY STREET IN THE 4000 AND 4200 BLOCKS THEREOF;
BROWNING STREET IN THE 3800 AND 4000 BLOCKS THEREOF;
MARQUETTE STREET IN TEE 3800 AND 4200 BLOCKS THEREOF;
OBERLIN STREET IN THE 3800 AND 4200, BLOCKS TEEREOF;
CASE STREET IN THE 4000 AND 4100 BLOCKS THEREOF;
CASON STREET IN THE 4100 BLOCK THEREOF;
SOUTHWESTERN STREET IN THE 4200 BLOCK ,THEREOF;
DARTMOUTH STREET IN THE 4200 BLOCK THEREOF;
LEHIGH STREET IN TEE 4200 BLOCK' THEREOF; AND
WEST POINT AVENUE IN TEE 6400 BLOCK BETWEEN CASE MID BYRON STREETS,
AND TO ALL OTHER INTERESTED PARTIES, AS TO SPECIAL BENEFITS TO ACCRUE TO
SAID PROPERTY AND THE TRUE pwmms THEREOF BY VIRTUE OF 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 PRO -
CEEDINGS AND THE PERFORMANCE OF ALL PREREQUISITES TO FIXING AND LEVYING
THE ASSESSMENT LIENS AND THE PERSONAL LIABILITY OF PROPERTY OWNERS; OVER-
RULING AND. DENYING ALL PROTESTS AND OBJECTIONS OFFERED, EXCEPT AS TO
PARTICULAR CASES MENTIONED; FINDING AND DETERMINING SPECIAL BENEFITS TO
EACH PARCEL OF PROPERTY ANDTIiE' OWNERS THEREOF BY REASON OF SAID IMPROVE-
MENTS IN EXCESS,' OF THE AMOUNT OF THE RESPECTIVE ASSESSMENTS AGAINST SAME;
LEVYING ASSESSMENTS, F;I:XING A CHARGE AND ,LIEN AGAINST THE RESPECTIVE
PROPERTIES ABUTTING ON THOSE PORTIONS OF SAID STREETS TO BE IMPROVED
AND AGAINST TEE TRUE OWNERS THEREOF FOR THE PAYMENT OF PART OF THE COST
OF THE IMPROVEMENTS WITHIN THE LIMITS DESCRIBED; PROVIDING FOR THE, IS
SUANCE 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. 801 duly and regularly passed and approved
May 14, 1962, determined the necessity for and ordered the permanent im-
provement of certain portions of Swarthmore, Amherst, Byron, Riley,
Browning, Marquette, Oberlin, Case, cason, Southwestern, Dartmouth, Lehigh
Streets, and West Point Avenue, all in the City of West University Place,
Texas, by the construction ther~upon of reinforced concrete pavement with
monolithic curbs, and appurtenances and incidentals to such improvements,
in accordance with plans and specifications referred to and approved in and
by said ordinance, said streets and portions thereof having been segregated
and divided into separate and segregated sections as hereinafter stated; and
WHEREAS, pursuant to advertisement therefor sealed bids were duly and regu-
larly 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
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said City and by law and in full compliance therewith, ~aid City
Oommission of the City of West University Place, Texas, did by its
Ordinance No. 803, duly and reg~larly passed and approved June 25,
1962, award a contract for the construction of said improvements to
Russ Mitchell Constructors, ,Inc. on its lowest secure bid, which con-
tract has 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 West University Place, Tex~s, by its Ordinance No. 804, duly and
regular passed and approved June 25, 1962, -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, and to all owning
and claiming any interest therein, and to all interested in any as-
sessmen~ or any of the proceedings with reference thereto, as to the
proposed assessments and proceedings and on any matter as to which
hearing is a constitutional prerequisite and as to the amounts of the
proposed assessments, the lien and liability thereof, the special
benefits to the abutting property and owner thereof by means of said
'improvements for which assessments are to be levied and as to the ac-
curacy, sufficiency, regularity, and validity of the proceedings and,
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 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 16, 1962, 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 hear-
ing by public advertisement thereof, as therein specified, in accordance
with the law and the Charter and Ordinances of the City of West Uni -
versity Place, Texas; and
]
WEEREAS, 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 known as Article 1105b, Revised Civil Statutes.of Texas,
1925, heretofore adopted bYHthe 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 advertise-
ment thereof by publication of same in the Houston Chronicle,designated
as the official newspaper of the City, on July 1st, July 4th and July
11th, 1962, 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 stated the highways
(streets) and the portion or portions thereof to be improved, the esti-
mated amounts per front foot proposed to be 'assessed against the owners
of abutting property, and such'property on each~ such high~vay (street}
and each respective portion thereof with reference to which the hearing
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.mentioned in said notice was to be held, and having stated the
estimated total cost of the improvements on each such highway
(street) and each of the segregated portion or portions thereof,
and having stated the time and place at which such hearing should
be held, and said notice having given additional information and
having, in all res8ects, fully met and complied with all provisions
of law and of the harter and Ordinances of said City requisite or
pertinent thereto; and
[
WHEREAS, at such hearing, of which notice had been given as above
stated, property owners and other parties interested in the pro-
ceedings appeared and made statements and'gave testimony and
additional testimony and evidence was given by the Engineer for the
City, and by real estate experts familiar with the proposed improve-
ments, the respective properties on the stre~ts to be improved, and
the present condition of the existing streets; and at said hearing
all parties desiring to be heard concerning any of the matters here-
inabove and in said Ordinance No. 864 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 prop-
erties 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 de-
termined at such hearing said special benefits as aforesaid, and having
determined that there is not to be assessed against said abutting pr9P-
erties and the respective owners thereof more than all the cost of constructing
curbs and 9/10ths ?f the remaining cost of such improvements (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 de-
clared by it to be just and equitable, having in view the special benefits
in enhanced value to be received by such respective parcels of property
and the owners thereof, the equities of such owners and the adjustment of
such apportionment so as to produce a substantial equality of benefits re-
'ceived 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 by the application
of said Front Foot Plan or Rule and the apportionments in particular cases
do produce a sub~tantial 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 re-
spective properties are, in all things, just and equitable, and that in each
instance the assessment made against any parce.l of property and its owner
is less than the special benefits to said property and the owner thereof by
means of said improvements,a.nd that, with the exception of apportionments
and adjustments in particular cases which have been granted and allowed
in determining the amoun~s of the assessments hereinbelow made, all other
objections and protests should be overruled and denied; and
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WHEREAS, all proceedings WiLh 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 University ,Place, Texas, and all pre'-
requisites to fixing the assessment lien against the properties hereinafter
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 work has been divided, and upon the ac-
ceptance thereof by the City of West University Place, assignable
certificates should be issued in evidence of said assessments and liens,
and the personal liability of the true owner or owners of the resPective
properties, whether correctly named or not, all as provided by law.and
by the Charter and Ordinances of the City.
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NOW, TEEREFORE, 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 the hereinabove
and hereinafter stated portions of Swarthmore, Amherst, Byron, Riley,
Browning, Marquette, Oberlin, Case, Cason, Southwestern, Dartmouth,
Lehigh Streets and West,2Point Avenue and within the limits above defined,
and upon any of the respective portions' of said streets included within
any of the designated sections as hereinafter stated, and to all owning
and claiming any interest therein, and to all interested'in any assess-
ment 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 pro-
ceedings with reference to the making of improvements on Swarthmore,
Amherst; Byron, Riley, Browning, Marquette, Oberlin, Case, Cason,South-
western, Dartmouth, Lehigh Streets and West Point Avenue, 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 June 21, 1962, contract, and all prerequisites 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 persons interested
have been given a full and fair hearing on all matters and things in con-
nection with said improvements and assessments; that there is not to be
assessed against the abutting properties and the owners thereof more than all
the cost of curbs and 9/10ths of the remaining cost of such improvements
(exclusive of intersections),as shown on the estimate of the Engineer for
said City; that adjustment and apportionment of costs among all properties
and the owners thereof have been made in f.ull compliance with the law
and with the Charter and Ordinances of the City, so as to produce a sub-
stantial equality of benefits received and burdens imposed; andtha~ the
special benefits to each parcel of property and the owner thereof in, 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 assess-
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ment made against such pareel of property and its owner, anq 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 infixing the amounts of the assess-
ments 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 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'-otherproceedings heretofore pass-ed and held, and
pursuant to the above mentioned June 21, 1962, contract 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 Chapter 106 of the
Acts of the First Called Session of the 40th Legislature of the State of
Texas, commonly known as Article 1105b, Revised Civil statutes o~ 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 highways (streets) 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 set opposite the
names of the respective apparent owners and the descriptions of the re-
spective properties; said properties, the apparent owners thereof and the
assessments against each, being divided and segregated according to the
respective separate and segregated sections, of the streets to be improved,
into which the work has been divided, ~eing as follows, to-wit:
SECTION NO. 1 - N ~ OF SWARTHMORE STREET FROM E LINE OF LOT 16,
BLOCK 15, COLLEGEVIEW 1ST ADDN. TO W LINE OF COLLEGE AVE.- 3800 BLK.
$7 . 00 PER LINEAR FOOT
House
No.
Lot
No. Frontage
Total
Blk.No.
Addition
Property Owner
3832
3826
3836
17 50 $350.00
16 50 350~00
18 67.2 470.40
167.2 1,170.40
15 Collegeview 1st
15 " "
15
Fred J. Drew
Chas. M. Thompson, Jr.
Patrick Klein
"
"
TOTAL SECTION NO. 1
SECTION NO. 2 - S ~ OF SWARTHMORE STREET FROM, E LINE OF LOT 5,
BLOCKt}f, COLLEGEVIEW 1ST ADDN. TO W LINE OF COLLEGE AVE.- 3800 BLK.
, " ip'UOO PER LINEAR FOOT
3831 Gosta Birath 14 11 " 2 50 '350.00
3823 Mrs.C. R. Dickens 14 " tt 4 50 350.00
3819 Richard E. He lmer, Jr. 14 " " 5 50 350.00
3835 J. D. Richardson 14"" 1 67.2 470.40
3825 Hertha Joost .14"" 3 50 350.00
TOTAL SECTION NO. 2
267.2 1,8'70.40
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Rouse
No.
4150
4146
4138
4134
4130
4126
4124
3 - N ! OF AMBERST STREET FROM E LINE OF LOT 8,
COLONIAL TERRACE TQ_il. .LIIiELQE__WEST-. POTlW'fl A~. - 4] 00 RT.K.
$7.00 PER l~'FOOT
Blk. Lot
No. Addi tion No. Frontage Total
SECTION NO.
BLOCK 23,
Property Owner
W. H. Huston
Mrs. R. A. Brannon
Wm. J. Marter
Mrs.Relen G.Douglas
Thos. E. Anderson
F. E. stockton
Ralph E. Jones
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23 Colonial Terrace 1 60
23" "2,i 3 82.5
23 It It l3~41'4 68.5
23 It " 14 fJi~5 69
, 23 It tl 6 50
23" "7 50
23tl fl 8' 50
TOTAL SECTION NO.. ,3 430
"'c
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$420.00
577.50
479.50
483.00
350.00
350.00
350.00
3,010.00
8 3
SECTION NO. 6 - RILEY STREET FROM E LIIilE OF COMMUNITY DRIVE TO W
LIIilE OF WEST POINT AVENUE -4200 BLOCK - COLONIAL TERRACE
~ $7.00 PER LINEAR FOOT
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I House Blk. Lot
No. Property Owner No. Addition No. Frontage Total
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4235 Joseph Howard 3 Colonial Terrace 21 50 $350.00
4229 Louceil Teaff ,tI fl " 20,W! 19 75 525.00
4221 Beo. P. Munson, Jr. tI " fl E!19,18,17 125 875.00
4215 Robt. O. Moers, M.D. u " " 16 50 350.00
,4209 Henri Cramarz " " tI 15 50 350.00
'4205 Chas. A. Barclay tI It " 14 50 350.00
4201 T. J. Powell tI " " 13 56.3 394.10
4236 P. Holt 4 tI tI 4 50 350.00
4232 MrS. Vivian Price ltI " tI 5 50 350.00
4228 Mrs. J. L. Walton,Jr. tI II tI 6 50 350.00
4224 Mrs. Mary G. Gorman tI tI tI 7 50 350.00
4229 J. H. West tI " It 8 50 350~00
4216 G. A. youmans tI tI fl 9 50 350.00
4212 Wm. L. Partridge,Jr. It tI tI 10 50 350.00
4208 Claude R. Middleton tI fl II 11 50 350.00
4204 Carson R. Lockard tI tI tI 12 56.3 394.10
TOTAL SECTION NO. 6 91fu6. 6~388.20
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SECTION NO. 7 - BROWNING STREET FROM TEE E LBIE OF COLLEGE AVE.
TO TEE W LINE OF AUDEN AVE. - 3800 BLOCK-'---'"' '.
$7.00 PER LIrooill FOOT
Browning Leon Redman 1 Sunset Terr. #3 12 121 635.25
(side lot) (5648 Auden) ($5.25')
B;rowning T. P. Blackstone 2 tI tI It 1 121 635.25
(side Lot) (5804 Auden) ($5.25')
3802 Ewart D. Ratliff 3 Collegeview 3rd 10 50 350.00
3810 H. L. Chauvin tI If tI 11 & 12 100 700.00
3816 Vel,ma Dillon n " tI 13 50 350.00
3820 Arch B. Johnston tI It tI 14 50 350~00
3824 Frank G. West " tI " 15 50 350.00
3828 Namue 1 Blaha tI ,If tI 16 50 350.00
3832 R. D. Bearden tI II tI 17 " 57.2 400.40
3836 Hewitt N. Clark It It tI 18 60 ' 420.00
3835 R'ichard F. vIillett 6 tI tI 1 60 420;00
3833 PearlM. Ortell It tI " 2 57.2 400.40
3827 Jir. J. Bouchard tI fl fl 3 50 350.00
3823 E. H. Wolfert It tI fl Ji, 50 350.00
3817 Frances P. Skinner tI tI fl 5 50 350.00
3813 Mrs. Roy E. Lewis It If If 6 & Pt. 7 62 434.00
3809 J. E. Germany If It fl Pt.7 & Pt. 8 63 441. 00
3801 Karl F. Woodard It tI It Pt. 8 & 9 75 525.00
TOTAL SECTION NO. 7 1176.4 7,811.30
1..._ : _ __________ ....J.ii"ill..:III:
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8 4
SECTION NO. 8 - MARQUETTE STREET FROM THE E LINE OF COMMUNITY DRIVE
TO TEE vI LIN'E OF WEST P0I:NT AvENUE 4200 BLOCK
$7.00 PER LINEAR FOOT 'I
I
1
House Blk. Lot I
1
No. Prop~rty Owner No. Addition No. Frontage Total l
-
4201 E. J. Schifer 5 Colonial Terrace 13, Pt.14 81.3 $ 569 .10
4209 Mrs. Nelda E.Winston It It tI Pt.14,15 75 525.00
4213 Wm.T. Henderson II If It 16 50 350.00
4219 Francis L,. Turk It If If 17 50 350.00
4223 Waitkus Trading Co. II II It 18 50 350.00
4225 Mrs. Lydia Legro If II It 19 50 350.00
4227 Katie Welborn -, tI II II 20 50 350.00
4235 Mrs.Willie B.Raezer tI fI II 21 50 350.00
4234 Stanley Dolch 6 II fI 4 50 350.00
4230 Car i Wm. Franke It II " 5 50 350.00
4228 M. S. Lytle II II It 6 & 7 100 700.00
4218 o. E. Sacher II tI fI 8 50 350.00
4216 Louis J. Smith II II It 9 50 350.00
4212 J. P. Guerrero II fI II 10, Pt.l1 75 525.00
4202 J. H. Frederick " fI " Pt. 11,12 81.3 569~10
TOTAL SECTION NO. 8 912.6 ,6,388.20
SECT:EON NO. 9 - OBERLIN STREET FROM THE E LTIJE OF COMMUNITY DRIVE TO
THE E LIJ.Ir.E OF WEST POINT AVENUE - 4200 BLOCK
r-:
$7.00 PER LJM:AR FOOT !
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4201 C. J. Woodman 7 II II ~'13 51.3 $359.10 l _
4207 c. E. Larson tI II II 14 50 350.00
4209 Rosalee C. Stone II II " 15 50 350.00
4215 R. M. Langley tI II II 16 50 350.00
4219 Lloyd M. McNally If II It 17 50 350.00
1.~225 Martha Stephenson II 11 11 18 50 350.00
4227 c. P. Baird 11 It It 19 50 350.00
4231 F. Elliotte Brown It " II 20 50 350.00
4235 G. H. Foley II II It 21 50 350.00
4236 F. Leslie Clarke ' B II ,It 4 50 350.00
4234 John W. Langley II It " 5 50 350.00
4226 G. H. Smith If II It 6 50 350.00
4222 Lee Roy Saunders " 11 II 7 50 350.00
4218 J. T. Byars fI It It 8 50 350.00
4214 John H. Anthony 11 It II 9 50 350.00
4210 Chas. L. Wall, Jr. II 11 It 10 50 350.00
4208" Wm. F. Tissing II II It 11 50 350.00
4204 J. Herman Burgess If If 11 12 51.3 359.10
TOTAL SECTION NO. 9 902.6 6,318.20
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SECTION NO. 10 - OBERLIN STREET FROM R LINE, OF COLLEGE TO W
BOUNDARY LINE OF, CITY OF SOUTHSIDE PlACE - 3800 BLOCKQ,
$7.00 PER' LINEAR FOOT
Blk. . ,Lot.
No. Addition . No. Frontage
-.J,
House
No. Property OWner
3833
3829
Vacant
lot
3823
3819
., 3815
3811
3805-7
3804
3808
3812
3816
3820
3824
3826
3830
3836
L.. G. Graves 7 Collegeviewlst
E. B. Snider n " II
Miss Florence Ganter~,1 11 "
David & T.J.
Perlstein
Ruede M. Wheeler "
M. G. v-Torr,ell "
E. E. Bostick 11
Lelah E. Polk "
Harriet M. Clark 10
Pat H. Hall "
Wm.L., Martin "
J. W. Bluntzer 11
LeoE. OINeal "
John T. Bergeron "
Geo. Cicotte If
Marvin Pet;wy "
JamesM. Ponder "
"
11
"
"
11
"
"
"
"
If
"
"
'It
It
"
TOTAL SECTION NO. 10
fI
n
"
5
6
7
8 & 9
10
11
12
13
14
15
16
17
18
1
2
3
4
67.2
50
50
II
II
n
"
If
II
II
II
"
"
"
50
50
50
50
100
50
50
50
50
50
50
50
50
67.2'
934.4
SECTION NO. 11 - CASE STREET FROM TEE E LINE OF ACADEMY AVENUE
TO TEE W LINE OF WESLAYAN AVENUE -4000 BLOCK
$7.00 PER LINEAR FOOT
4039
4033
4029
4025
4021
4017
4015
4009
4005
4001
4002
4006
4010
4014
4020
4024
4030
4036
4038
Peter V. Mongonia 32 Collegeview 4th
J. C. Shupe "II "
W. J. Ebanks
Harold Decker
Basil L. Thomas
Jim W. Ratliff
Mrs. J. G. Vest
Frank E. Brown
Joe L. Reed
Mrs.Gladys H.
Montgomery
James K. Hilliard 33
Homer G. LaGroue II
Wallace Reid
V. J. Engerran
Bessie E.Balderach "
J. M. Herrera "
C. C. Blackwell 11
Thos. C. Earman 11
D. R. Cardwell 11
r" - --...-(... --'.
r
"
"
"
"
tl
II
"
11
"
11
"
"
"
11
"
11
n
11
11
"
11
"
"
"
II
II
II
-ir
II
1
2
3
4
5
6
7
8
9
10
II
"
"
"
11
11
"
II
11
12
13
14
15
16
17 & 18
19
20
"
"
If
,tI
"
"
II
tl
I"TIII m
50 '
50
50
50
50
50
50
50
50
50
50
50
50 '
50
50,
50
100
50
50
1,000
8 5
Total
$470.40
350.00
350.00
350.00
350.00
350.00
350.00
700.00
350.00
350.00
350.00
350.00
350.00
350.00
350.00
350.00
470.40
6,540.80
$350.00
350.00
350.00
350.00
350.00
350.00
350.00
350.00
350.00
350.00
350.00
.350.00
350.00
350.00
350.00
350.00
700.00
350.00
350.00
7,000.00
8 6
JTInr~'-r----~ l. ..:1::...!
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SECTION NO. 12 - CASON STREET "FROM THE E LI:NE OF WEST POINT AVENUE
TO TEE W LI:NE. OF FAIRHAVEN AVENUE 4100 BLOCK
$7.00 PER, LINEAR FOar
B1k.
No . Addition ~,'-" : :.I.ot No ~ Frontage Total
House
~ Property Owner
4127
4133
4137
4It41
4144
4140
4136
4130
4126
4148
4145
A. F. Ki11i Fairhaveu
C. Q. Harrison "
Jesse W. Jones "
Max Sheinberg "
James M. Forrest "
George M. Harbeson "
Chester R. Kline n
F. A. Lauterbach "
Irving G. Mulitz "
George A. Decker 34 Colonial Terrace
Kenneth J. Stenger, 35 n n
TarAL SECTION NO. 12
16, t 17
t 17, 18
. 19
20
21
22
23
24
25
2
1
90
75
50
60
60
50
50
50
65
81.87
81.46
Il
I I
I
LJ
$630.00
525.00
350.00
420.00
420.00
350.00
350.00
350.00
455.00
573.09
570.2~
?1!~~33 4,993.31
BROWNING
SECTION:::NOS. 13 THROUGH 27 - SIQ:P AREAS - LOCATED ON DARTMOUTH; LEHIGH,
SWARTHMORE. CASE. BYRON. MARQUETTE. SOUTHWESTERN. RILEY I WEST POINT
$8.00 PER LDlEAR FOOT
'I
Sec. B1k.
No. No. Addition
House
No.
4230
Dartmouth
4213 n
Dartmouth
(side JLot)
4227
Lehigh
40i9
Browning
4030
Swarthmore
4109
Case
\('c' ')', ~cP-t.opt3;p-t;vpowner
R. C. Hansburger 13
B. J. Russo 14
Gerald P. Monks 15
9 College ct.
8 " "
8 " II
Lot
No. Frontage Total
23 50
13 50
14,15 ' 100
Leo L. Sl'inhs 16 6 " " 9 50
Mary S. Ullrich 17 3 Bissonnet P1. 6 & 7 100
L. D. Parks 18 34 Co11egeview 4th 18 50
H. M. 01iver,Jr. 19 2~7,Colonia1 Terr. 15, 150
16,17
4125
Byron J. N. King
3807
Marquette Mary E. Glover
3809
Marquette Wm. R. England
3815
Marquette Eddie L. Nix
4201
Southwestern A. E. Buck
4019
Riley B. W. Miles
4039
Riley R. T. co1~y
20 28
II
II
22 3
23 3
"
21 3 Col1egeview 1st 9 50'
20 50
"
II 7 & 8 100
II 6
50
24 4 Colonial Terr.13,a4:~06.3
25 24 Co11egeview 1st 5 50
26 24
II
II
1
50
~'
$400.00
400.00
800.00
L~
400.00
','
800.00
gOO.OO
1,200.00
400.00
400.00
800.00
400.00
850.40
I
400.00 I
i
,-.J
400.00
o
o
o
House
No.
See. Blk.
No. No.
0,.,'7'
o
Addition
Lot
No.Frontage ~
Property OWner
West Point Robert D. Randle" 27
(Sid~ lot$ 6.00' ) (4204 Byron)
West Point Clarence C. Powell 27
(Side lot $6.00') (4203 Case)
9
100
$600.00.
Colonial Terrace 12
i3
100
600.00
II
II
9
TOTAL SECTION NOS. 13 - 27
1,206.3$9,250.40
Section 4. That said several amounts herein assessed, together with interest,
expense of collections, and reasonable attorneys' 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 and claims except state, county, and city ad valorem taxes; and
said amounts so assessed, together with said other items, shall be and the
same are hereby declared to be personal liabilities and charges against the
true owners of said properties, ,respectively, whether correctly named or not,
all as provided in and by said Article 1105b of Vernon ',s Annotated Civil Sta-
tutes of Texas; and such assessments and said other items shall be collectible
and,the liens enforceable in any court having jur::j.sdiction; and shall be a
perso-nal liability and charge against the said owners of the property assessed;
and that said sums so assessed shall be payable as follows, to-wit: In five
annual installments, one installment payable within thi~ty 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 date in 1,2,,3 and 4 years, respectively, after said date of
such acceptance, with interest on the respective sums so a~sessed, 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 annum; pro-"
vided, 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 issued as of, the
,date o,f the completion of the improvements on each-respective section,
separately, and the acceptance thereof by said City; and provided, further,
that, in the event of default in payment of any i~stallmept of any such as-
sessment 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.
Section 5. That for the purpose of evidencing said assessme.nts, 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, assign,-
able certificates shall be issued by the City of West University Place to
, the contractor, or assigns, upon completion and acceptance of each re-
spective segregated section of said improvements, which certificates shall
be executed by the Mayor and attested by the City Secretary, with the cor-
porate seal affixed, and shall be payable to said Russ Mitchell Constructors,
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 res'pective properties, against which the aforementioned
assessments have been levied, sufficient to identify 'same, apd same shall.
contain the name of the apparent owners thereof.
_ r=:::~-Ll__~---,---,---_~--------------'. _ ______~L_
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Said certificates shall further 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 h~ving jurisdiction.
o
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, than at the option of Russ Mitchell Constructors, 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, ex-
pense of collection and a reasonable attorney's fee, if incurred.
Said certificates shall further rec~te that the proceedings with reference
to making the improvements therein referred to have been regularly had in
compliance with the lav and the Charter of the City of West University
Place, and that all prerequisites to the fixing of the assessment lien
against the property describ/ad and the personal liability of the owner or
owners thereof 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. 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 intro-
duction this, the 16th day of JUly, A.D. 1962, and shall take effect
immediately upon its passage and approval by the Mayor.
n
I
U
PASSED AND APPROVED THIS TEE 16rH DAY OF JULY, A.D. 1962.
COMMISSIOm:RS VarING AYE
All
COMMISSIOm:RS VOTING NO
None
~
STUART L. LAMKIN, Mayor of the City of
WBst University Place, Texas
ATTEST:
o