Brownsville herald. [volume], March 25, 1929, Image 6

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IE LEGAL ADVERTISEMENT
I An ordinance levying assesse
■ ments for part of the cost of im
I proving Monroe street, in the city
I of Brownsville, between the south
I line of Fourteenth street and the
I north line of Sixteenth street.
I Fixing a charge and lien against
I property abutting thereupon and
I against owners thereof, providing
I for the collection of such assess
| ments and issuance of assignable
I certificates in evidence thereof.
\ Be it ordained by the city of
J Brownsville. Texas, has heretofore
ordered that Monroe street in said
l city from the south line of Four
I teenth street to the north line of
| ^Sixteenth street be • improved by
rsislng, grading, filling, installing
I concrete curbs and gutters where
such curbs and gutters are not al
j ready installed on proper grade line.
apri paving with one and one-half
| jinch Warrenite Bitulithic wearing
Hiurface on two end one-half inch
luminous concrete base on three
rhnch compressed gravel sub-base,
^together with all incidentals and
jfippurtenances, and the construc
tion of such improvements and con
tract therefor was awarded to and
centered into with Southwest Bituli
'•Uiic company; and.
/ IVht-reas. the City Paving Engi
neer of said city prepared and filed
La roll or statement for the im
jjprovements in said portion of street,
(Showing the amounts to be assessed
fagainsl the various parcels of or
Jinterests in parcels of abutting
, property and the owners thereof, j
i and showing other matters and
{things, and the samp was examined
Iby rhe city commission of the city
t of Brownsville and approved, and j
‘ time and place was fixed for hear
: ; ing to the owners of such abutting
j property, ana to all others in any-!
) wive interes’ed therein, or having
any lien or clai mlhereon, and due
. and proper notice of the time, place
-■and purpose of such hearing was
ft/urnn, and said hearing was had
[and held at the time and place
" fixed therefor, to-wit, on the 3rd
day of August. A D. 1928. at 10
o'clock a. m. in the city council
t room in the city hall in the city
of Lrow-nsville. Texas, and said
hearing was continued until all de
siring to be heard were given full
’ jifcBd fair opportunity to be heard.
... - ;
LEGAL ADVERTISEMENT
and the sa:d city commission hav
ing fuliy considered the evidence
and ali proper matters, the said
hearing was finally closed on the
3rd day of August. 1928; and
Whereas the cit ycommission
from the evidence finds that the
assessments and charges are right
and proper and are substantially
in proportion to the benefits to
the respective parcels of property
by means c; the improvements in
the said portion of steret for which
isuch assessments are levied, and es
[ tablish substantial justice and
! equality and uniformity between the
respective properties or interests
therein, and between all parties
concerned, considering the benefits
received and burdens imposed, and
further finds that i neach caes the
abutting property, or interest there
in assessed as the case may be,
is especially benefited in enhanced
v alue to said property or interest
therein, as the case may be, by
means of the improvements in the
said portion of street upon which
said property abuts, and for which
assessment is levied and charge
made, in a sum In excess of the
costs of the improvements is in ac
cordance with the law and charter
in force in this city and the pro
ceedings heretofore had with refer
ence to said liapiovements, and is
in all respects valid and regular.
Now. therefore, be it further or
dained :
1. That there shall be and is
hereby levied and assessed against
the parcels of pioperty, or interest
in parcels cf property, as the case
may be. herembelcw mentioned and
against the iea> and true owners
thereof whether such owners be
correctly named herein, the sums of
money below mentioned and item
ized. shown opposite the description
of the respective parcels of prop
erty. or interests therein, the vari
ous amounts assessed against the
same, an dthc owners thereof, so
far as such owners are known be
ing as follows:
CONTRACT NO. 58
Engineers Roll or Statement for
Monroe street from its intersection
with the south line of Fourteenth
street to the north line of Six
teenth street, known and desig
nated as Unit or Contract No. 58.
Name of Owner— Front Total
Lot Elk. Addn. Foot Assmt.
Est. Andres Cueto . 3 113 Citv 150 $575.52
Mrs. L. R. Kibbe . 4 118 City 50 225.17
Maria del Refugio Garza . 5 118 City 50 225.17
John Gregg . 6 118 City 50 225.17
Jose Manzann . 1.2&3 117 City 150 875.52
A dp la Garza; Mrs J. E.
Kelly, 1-2 undivided interest; Ja
emto de la Garza. Eugenio de la
Garza. Leonor de G. Barrera.
Remigia de G. Carranco and
* Manuela de G Soldona. each
Bl-lOth undivided interest_4 & 5 117 City ion 450.35
Mrs. E. T. Villareal . 6 117 City 50 225.17
Mrs. A. G. de Garcia . 7 147 City 50 225.17
^ Estate of Luis Gutierrez; Alberto,
- Jose. Maria, Luisa. Manuel and
Geronirr.o Gutierrez, each 1-6 un
divided interest . 8 147 City 50 225.17
Marcelo Garza, Society de Hidalgo.. 9 147 City 50 225 17
Christ Miller .10 147 City 50 225.17
Estate, of E. G. Tamayo; Antonio,
Procopio. Matias. Mauro end Fer
h nando Tamayo, each l-5th undi
vided interest .11 147 City 50 225.17
A. Tamayo .12 147 Citv 50 225.17
""Estate of Mrs. S. F. Shears; Wil
■ liam Shears, 1-2 undivided inter
est. William. Jr.. Virginia. Marv
and Albert Shears. Tomas:ta S
Orive and Sofia Abdcu. each 1-12
undivided interest 7. 8. 9. 10. 11 & 12 148 Citv 3«n 1351.05
,, Tc*al to be assessed .... . $5,404.14
Total City's part . 2.450.43
Total cost this Unit . $7,834.62
“‘fc.cte per front fon* for
!1 assessment—$4.5035225.
II V
That the several sums above men- J
tinned and assessed against the said
parcels of property, or interests in .
property, and the owners thereof.
,ft^nd interest thereon at the rate of j
7 per cent per annum, together with
reasonable attorney’s fees and costs
of collection, if incurred, are Jicreby !
dec lared to be and are made a lien j
upon the respective parcels of prop
erty. or interests in parcels of prop- j
erty. as the case may be. against j
■which the same are assessed, and a |
personal liability and charge against j
-the real and true owners of such;
, property, cr int?rests in proper*), I
whether such owners be named j
herein or not. and the liens shall
be and constitute the first cnforcible
lien and claim aeainst the property,
rr interest in property, on which
such assessments are levied, and i
shall be a first and paramount lien ;
•hereon, superior to all other liens [
claims except state, county and
w-rminicipal taxes. The sums so as
sessed against the abutting proper- j
iy. or interests in abutting prop- i
rrtv. and the owners thereof shall
hr and become due and payable as
follows, to-wit:
In six <f»> equal installments. due
respectively on or before thirty i30> j
days. 1. 2. 3. 4. and 5 years after
the date of completion and accept
ance by the City of the improve
ments in said portion of street, and
shall bear interest from th* date of
such completion and acceptance at
the ra*e of 7 per cent per annum,
payable annually with each install-;
raent Provided thta any owner
shall have the right to pay the en- j
tire assesment, of any instalment;
thereof before maturity by payment
rf principal and accrued interest
end provided further that if default
shall be made in the payment of,
env installment of principal or in- j
tcrest promptly as the same ma-,
tures. the entire amount of the as
sessment upon which such default is,
made shall, at the option of the said '
Contractor. Southwest Bitulitnic
Company, or its assigns, he and be
come imediatcly due and payable,
and shall be collectible, together
with reasonable attorneys' fees, and
costs of collection, if incurred.
III
The fact thta such improvements j
may be emitted on that portion of i
i street adiacent to any premises ex
empt from the lien of such assess
ments shall in nowise invalidate.
~ affect or impair the lien of such as
» gessments upon other premises. All
sessments levied are a personal lia
bility and charge against the real
and true owners of the premises de
scribed. notwithstanding such own
ers mav not be named or mav be in
correct Iv named. No mistake, error.
. invalidity, or irregularity in the
name of any property owner or the
K “"description of any property of the
{ amount of any assessment or in anv
i. other matter or thing, shall in any
wise invalidate or impair any as
sessments hereby levied, or any cer
tificate issued to evidence the same
as hereinafter providd. and any
such mistake, error, invalidity nr ir
regularity. whether in such assers
ments or In the certificates issued i
In evidence thereof, may be correct- |
I
ed at any time by the Citv, and
the full power to make and levy re
assessments and to correct mistake',
errors, invalidities or irregularities,
either In the assessments or in the
certificates isued in evidence there
of. is in accordance with the law’
and charter in force in the city,
vested in the citv.
IV
The City of Brownsville shall not
be in any manner liable for the
payment of the sums herebv as
sessed and the Southwest Bitulithic
Company or its assigns shall look
solely to such property and the
owners thereof for the pavment of
such assesments. bzut the Citv of
Brownsville shall exercise all of Its
lawful powers to aid in the enforce
ment and collection of said liens and
sums and personal obligations. If
default shall be made in the pay
ment of any assesment. collection
thereof shall be enforced either by
rale of the premises, by the Tax
Collector of the city on request of
the legal holder of the certificate
Issued in evidence of such assess
me ntin the same manner as nearly
as posible and after the same ad
vertisement as is provided bv law
and thv charter of this city for sales
for delinquent advalorem taxes, or
in ease of such default upon demand
of the legal holder of such certifi
cate. this citv will exercise its char
ter powers to enforce and collect
this certificate bv suit in its own
name for the benefit of said holder,
or said legal holder may bring suit
for the enforcement of said certifi
cate in any court having jurisdic
tion.
V
Tor the purpose of evidencing the
several sums assessed against are
respective parcels of abutting prop
erty herein asseeed or the interests
in the parcels of abutting property
herein assesed. and th owners there
of. and th time and terms of pav
ment and to aid in the onforcemen*
thereof, assignable certificates shall
be issued and delivered to said
Southwest Bitulithic Company by
the Citv of Brownsville, upon .the
completion and acceptance by the
City of said improvements in said
portion of street, which certificates
shall be executed in the manner and
form and with the provisions and
recitals prescribed in a certain or
dinance duly pared by the City
Commission of the City of Browns
ville on June 7th 1927. which ordi
nance is one providing for the is
suance of assignable certificates of
assessments declaring and evidenc
ing assesments made against abut
ting property and its owners and
railroads or stret railroads and their
owners for a portion of the cost of
street improvements upon strets and
other highways or portions thereof
in the Citl of Brownsville, and pre
scribing the provisions of such cer
tificates and providing that pay
ments made thereon may be made
to the City Tax Collector and fur
ther prescribing the duties of the
Citv Tax Collector and the City
Treasurer with reference to money
:o paid.
XI
That any and all sums payable
LEGAL ADVERTISEMENT
upon any assessments herein made
or any ctrtificates evidencing the
same, may be paid to the Tax Col
lector of the City of Brownsville as
provided in and authorized by said
ordinance of June 7th 1927. de
scribed in the preceding paragraph
hereof and the duties of the City
Tax Colector and the City Treasurer
with reference to any and all such
payments shall be those prescribed
in said ordinance.
Finally passed and approved this
7th day of September. A. D. 1328.
B E. HINKLEY. Mayor Protem.
City of Brownsville, Texas.
Attest:
A. E. Munday, City Secretary.
3-18-25—2t—3368.
An ordinance levying assess
ments for part of the cost if im
proving Madison street, in the city
of Brownsville, between the south
line of Fourteenth street and the
north line of Fort Brown military
reservation, fixing a charge and lien
against property abutting thereon
and against owners thereof, provid
ing for the collection of such as
sessments and issuance of assign
able certificates in evidence thereof.
Be it ordained by the city of
Brownsville. Texas, has heretofore
ordere dthat Madison street in said
city from the south line of Four
teenth street to the north line of
Fort Brown military reservation be
improved by raising, grading, filling
and installing concrete curbs and
gutters where such curbs and gut
ters are not already installed on
proper grade and line, and paving
with one and one-half inch War
renite Bitulithic wearing surface on
two and one-half inc hbituminous
concrefe base on three-inch com
pressed gravel sub-base, together
with all incidentals and appurten
ances. and the construction of sucii
improvements and contract therefor
was awarded to and entered into
with Southwest Bitulithic company;
and.
Whereas, the city paving engineer
of said city prepared and filed a
roll or statement for the improve
ments in said portion of street,
showing the amounts to be assessed
against the various parcels of or
interests in parcels of abutting prop
erty and the owners Thereof, and
showing other matters and things,
and the same was examined by the
city commission of the city of
Brownsville, and approved, and
time and place was fixed for hear
ing to the owners of such abutting
property, and to all others in any
wise interested therein, or having
any lien or claim thereon, and due
and proper notice of the time, place
and purpose of such hearing was
given, and said hearing was had
———— ,
LEGAL ADVERTISEMENT
and held at the time and place
fixed therefor, to-wit, on the 3rd
day of August, A. D. 1928, at 10
o’clock a. m. in the city council
room in the city hall in the city
of Brownsville, Texas, and said
hearing was continued until all de
siring to be heard were given full
and fair opportunity to be heard,
and the said city commission hav
j ing full and fair opportunity to be
heard, and the said city commission
having fuliy considered the evi
dence and all proper matters, the
said hearing was finally closed on
the 3rd day of August. 1928. and.
Whereas, the city commission
from tne evidence finds that the
assessments and charges are right
and proper and are substantially in
proportion to the benefits to the
respective parcels of property by
means of the improvements in the
said portion of street for which such
assessments are levied, and estab
lish substantial justice and equality
and uniformity between the respec
tive owners of the respective prop
erties or interests therein, and be
tween all parties concerned, con
sidering the benefits received and
burdens imposed, and further finds
that in each case the abutting prop
erty, or interest therein assessed, as
the case may be. is especially bene
fited in enchanced value to said
property or interest therein, as the
lease may be. by means of the im
{provements in the said portion of
I street upon which said property
abuts, and for which assessment is
levied and cnarge made, in a sum
in excess of the casts of the im
provements is in accordance with
the law and charter In force in this
city and the proceedings heretofore
had with reference to said improve
ments. and is in all respects valid
and regular.
Now, therefore, be it further or
dained :
1. That there shall be and is here
by levied and assessed against the
parcels of property, or interest in
parcels of property, as the case may
be. hereinbelow mentioned and
against the real and true owners
thereof, whether such owners be
correctly named herein, the sums
of money below mentioned and it
emized. shown opposite the descrip
tion of the respective parcels of
property, or interests thecrin. the
various amount sassessed against
the same, and the owners thereof,
so far as such owners are known
being as follows:
CONTRACT NO. 59
Engineer's Roll or Statement for
Madison street, from its intersec
tion with the south line of Four
teenth street to the north line of
Fort Brown Military reservation,
known and designated as Unit or
& Contract No. 59.
* ame Owner Front Total
_ Lot Blk. Addn. Foot Assmt.
E. C. Garcia . 1 & 2 116 Citv 100 $452 46
Maria E. Garcia . 3 116 City 50 225 23
Pedro A. Martinezz and Mrs. S. H.
tie Martinez, each 1-2 undivided
interest . 4 116 Citv 50 226.23
Estate of Jesus and F H. Villareal;
Francisco, Manuel. Antonio,
Mamerta. Maria and Adela Vil
lareal, and Paz V. de Cole, each
l-7t.h undivided interest ...5*6 116 City 120 452 46
J. I. Bass, record owner, Mrs. M. B.
Gay. claimant, each assessed in
proportion to extent of interest
as sta*ed . .3 B Citv 70.7 360.61
Mrs. V. Larrea . 4. 5 Ac 6 B City 150 673.00
John G. Champion . 8 118 Citv 100 452 46
Andrew Pstz . 9 118 Citv 50 223 23
Mrs. Josenhine Johnson .10 hr city 50 *>3
Mrs. F. Valdez. 11 A: 12 118 Citv no 452 43
Estate of Joseph T. p Franklin;
William Shears. 1-2 undivided in
Abadon and William Shears. Jr.,
te-est. Tomasita S. Orive. Sofie
Virginia. Mary and Albert Shears.
each 1-12 undivided interest_. 7 in City 50 no03
Atliano Rendon . 8 H7 Citv 50 225423
Estat® of A. de la Garza; Mrs. J. E.
Kejly. 1-? undivided interest. Ja
e’nto de la Garza. Eugenio de la
Gerza. Lennor rf® G. Barre-a
Remigia d® O. Carranro and
Manuela de O. Soldona. each
1-1'‘h undivided interest . 0 117 Citv 50 rpg 73
Elra C. Villareal. Ma-ia B. and
Josefina E. Castaneda, each 1-3
undivided interest . 10 A: 11 117 City 100 452.46
Total to be assessed . $4,885 66
Total City’s part .. "2427762
Total cost this unit .
Assessed rat? per .
front foot—$4.52453.
m IL ‘
That the several sums 2b<r. e men
tioned and assessed against the said .
parcels of property, or interest.- in
property, an 1 the owners thereof,
and interest ’hereon at the ate of 7
per cent per annum, together with
reasonable attorney’s fees and costs
of collection, if incurred, are here
by declared to he and sn made a
lien upon the respective parcels of
property, or interests in parcels of
property, a= the case may he,
against which the same are sscss
ed, and a personal liability and
charge agairst the real and true
owners of such property, or inter
ests in property, whether such own
ers he named herein or not. - nd the
liens shal be and constitute the first
enforcible lien and claim against
the property, or irteres in prop
erty, on which such assessments a e
levied, and shall be first and para
mount lien thereon, superior to all
other liens a: d claims except state,
county and municipal taxes. The
sums so assessed aga;nst the abut
ting property, or interests in abut
ting property, and the owners there
of shall be and become due and pay
able as follows, to-wit:
In six equal installments, due
respectively on or before thirty CC0>
days. 1, 2. 3, 4. and 5 years after the
date of completion and acceptance by
the City of the improvements in said
portion of street, and shall ear in
terest at the rate of 7 per cent per
annum, payable annually • ith ch
installment. Provided that any own
er shall have the right to poy the
entire assessment, or any install
ment therof before maturity by pay
ment of principal and accrued inter
est. and provided further that if de
fault shall be made in the »- ment
of any installment of principal or in
terest promptly as the ame ma
tures. the entire amount of ’he as
sessment upon which such default
is made shall, at the opinion of the
said contractor. Southwest Bitulithic
company, or its assigns, he and be
come due and payable, nrd shall be
collectible, together 'ith reasonable
attorney's fees, and costs of collcc
j tion, if incurred.
nr.
The fact that such improvements
may be omitted on that portion of
street adjacent to any premises ex
empt from the lien <f such assess
ments shall in nnw;so invalidate, af
fect or impair the lien of such as
sessments 'iron other premises. All
assessments levied are a personal lia
bility and charge again?’ the re* I
a-id true own*rs of fh® rr''m,*e« de
scribed. no’-rithstand ng such own
er3 may pot b* named or may be in
correctly named. No mistake, error,
if-—-—--______
invalidity or irregularity in the
name of any property owner or the
description of any property or the
amount of ary assessment or in any
olher matter or thing, shall in any
wise invalidate or impair any as
sessments hereby levied, or any cer
tificate issued to evidence the same
as hereinafter provided. and any
such mistake, error, invalidity or ir
regularity, whether in such assess
ments or in the certificates issued in
evidence thereof, may be corrected
at any time hv the City, and the full
power to make and levy re-assess
ments and to correct mistakes, er
rors, invalidities or irregularities,
either in the assesment* or in the
certificates issued in evidence there
of, is in accordance with the law
ar.d charter in force in the city,
vested in the city.
IV.
The City of Brown*vi!!e shall not
he in any manner liable f r the pay
ment of the sums hereby assessed
and the Southwest Ritulithic com
pany or its assigns shall look solely
to such property and the owners
thereof for the payme-t of -uch as
sessments, hut the ~ity of Browrs
ville shall exercise all of its lawful
powers to aid in the enforcement
and collection of said liens and
sums and personal obligations. If
default shall be made ir. the pay
ment of any assessment, collection
thereof shall he enforced either by
sale of the premises, by the Tax
Collector of the city on request of
the legal holder of the certificate is
sued in evidence of such assessment
in the same manner as ue- -lv as os
sihle and after the same r ertise
ment. as is provided by law and the
charter of thi city for sales for de
lirquent ad valorem taxes, or in co*e
of such default upon demand of ti.e
legal holder of such certificate, thi?
city will exercise its charter powers
to enforce and collect this certificate
by suit in its own name for the
benefit of said holder, or said legal
-holder may bring suit for the en
forcement of said certificate in any
court having jurisdiction.
V.
For the purpose of evidencing the
several sums assessed a:, inst the
respective parcel* of abutting prop
erty herein assessed, nr the inter
ests in the parcels of abutting prop
erty herein assessed, and the owner*
thereof, and the time and turns of
payment and to aid in the enforce
ment thereof, arsignable certificate*
*ba]| b» issued and delivered to said
Ritulithic company by t) •» City of
Brownsville, upon the completion
and acceptance by the City f said
improvements in said portion ; £
LEGAL ADVERTISEMENT
street, which certificates shall be
executed in the manner and >rm
and with the provisions and re
citals prescribed in a certain ordi
nance duly passed by th city com
mission of the City of Brownsville
on June 7th, 1927, which ordinance is
one providing .or the issuance of as
signable certificates of assessment
declaring and evidencing assess
ments made against abutting prop
erty and its owners and railroads or
| street railroads and their owners for
a portion of the cost of streat im
provements upon streets and other
highways or portions thereof in the
City of Brownsville, and prescribing
the provisions of such certificates
and providing that payr>cnts made
thereon may be made to the Citv
Tax Collector and further prescrib
ing the duties of the City Tax Col
lector and the City Treasurer with
reference to money so paid.
VI.
That any and all sums payable
upon any assessments he* ' mad
or any certificates evidencin'* the
same, may be paid to the Tax Col
lector of the City of Brownsville as
provided in and authorize I bv said
ordinance of Jure 7th, 1927, describ
ed in the preceding paragraph here
of and .he duties of ,oe City Tax
Collector r.nd the City Treasurer
with reference to any and all such
payments shall be those prescribed
i in said ordinance.
Finally passed and approved this
7th day of September. A. D. 1928.
B. E. HINXLEY. Mayor Protem.
City of Brownsville, Texas.
Attest:
A. E. MUNDAY, City Secv.
3-13-25-2t-3365.
An ordinance levying assessments
for part cf the cost of improving
Fifteenth street, in the city o!
Brownsville, between the west line
of Adams street and the west line
of Monroe sreet. fixing a charge
and lien ago nst property abutting
thereon and against owners thereof,
providing for ihe collection of such
assessments and issuance of assign
ments and issuance of assignable
I certificates in evidence thereof.
Be it oiaained by the city of
Brownsville. Whereas, the city of
Brownsville. Texas has heretofore
ordered Adams street to the west
line of Monroe street be improved
by raising giadinc filling, install
ing concrete curbs and gutters
where sue heurbs ard gutters are
l.ot already installed on proper
grade and line, and paving with
one an clone-half inch Warrenite
Bitul *hic wearing surface on two
and one-haif inch bituminous con
crete bare on thiee-iicn compressed
gravel sub-base, ter*.’ler with all
incidentals and appurtenances, and
the construction of such improve
ments one contract therefor was
awarded to and entered into with
Southwest Bitulithic company: and.
Whereas, the city paving engineer
of said city prepared and filed a
roll or statement for the improve
ments in said portion of street:
showing the amounts to be assessed
against the various parcels of or in
terests in parcels of abutting prop- 1
erty and the owners thereof, and
LEGAL ADVERTISEMENT
showing other matters and things,
and the same was examined by the
city commission of the city of
Brownsville, and approved, and time
and place was fixed for hearing to
the owners of such abutting prop
erty. and to all others in anywise
interested therein, or having any
lien or claim thereon, and due
and proper notice of the time, place
and purpose of such hearing was
given, and said hearing was had
and held at the time and place
fixed therefor, to-wit. on the 3rd
day of August. A. D. 1928, at 10
o'clock a. m. in the city council
roo min the city hall In the city
of Brownsviille, Texas* and said
hearing was continued until all de
siring to be heard were given full
and fair opportunity to be heard,
and the said city commission having
fully considered the evidence and
all proper matters, the said hearing
was finally closed on the 3rd day
of August, 1928, and
Whereas, the city commission
from the evidence finds that the
assessme ntsand charges are right
and prope ran dare substantially
in proportions to the benefits to
the respective parcels of property
by means of the improvements in
the said portion of street for which
such assessments are levied, and
! establish substantial justice and
equality and uniformity between the
respective owners of the respective
properties or interests therein, and
between all parties concerned, con
sidering the benefits received and
burdens imposed, and futrher finds
that in each case the abutting prop
erty. o nnterest therein assessed, as
the case may be. is especially bene
fitted in enchanced value to said
property or interes ttherein, as the
case may be. by means of the im
provements in the said portion of
street upon which said property
abuts, and for which assessment
is levied and charge made, in a sum
in excess of the costs of the im
provements is in accordance with
the law and charter in force in
this cit yand the proceedings here
tofore had with reference to said
improvements, and is in all respects
valid and regular.
Now, therefore, be it further re
solved :
1. That there shall be and is
hereby levied and assessed against
the parcels of property, or interest
in parcels of property, as the case
may be, hereinbelo wmentioned and
against the real and true owners
thereof, whether such owners be
correctly named herein, the sums
of money below mentioned and it
emized. shown opposite the descrip
tion of the respective parcels of
property ,thc descriptions of such
property, or interests therein, the
various amounts assessed against
the same, and the owners thereof,
so far as such owners are known
being as follows:
CONTRACT NO. fi2
Engineer's Roll or Statement for
Fifteenth street from its intersec
street to the west line of Monroe
tion with the west line of Adams
street, known and designated as
.Unit cr Contract No. 62.
Name of Ov.ners— Front Total
Let Elk. Addn. Foot Assmt.
C. H. Thorn .F. 1-2 of 6 A City 60 §196.08
J. E. Keller . W. 1-2 of 6 A Citv 60 196.03
J. E. Keller . 7 A City 120 392.17
Mrs. V. Larrea . 6 B City 120 392.17
Mrs. K. E. Leahy . 7 B City 120 392.17
Missionary Society of Oblate Fath
ers, a corporation . 1 91 City 120 392.17
Amado Gomez .12 91 City 120 392.17
E. C. Garcia . 1 116 City 120 392.17
Mrs. K. E. Leahy .12 116 Citv 120 392 17
Mrs. E. T. Villareal . 6 117 City 120 392.17
Estate of Joseph I. P. Franklin;
William Shears 1-2 undivided in
terest. William. Jr., Virginia Mary
srd Albert Shears and Torr.asita
S. Orive and Sofie. each 1-12 un
divided interest . 7 117 City 120 392 17
Fst. Andres Cucto . 1 118 City 120 392.17
Mrs. T. Valdez .12 118 City 120 222.17
Total to be assessed . §4.705.93
Total City's part . 2.861.30
Total cost this Unit . $7,570.2,3
Ra'e per front foot for
assessment—$3.26812.
II
That the several sums above men
tioned and assessed against the said
parcels of property, or interests in
property, and the owners thereof,
and interest thereon at the rate of
7 per cent per annum, together with
reasonable attorney's fees and costs
of collection, if incurred, are here
by declared to be and are made a
lien upon the respective parcels of
property, or interests in parcels of
property, as the case may be. against
which the same are assessed, and a
personal liability and charge against
the real and true owners of such
property, or interests in property,
whether such owners be named
herein or not. and the liens shall
be and constitute the first enforciblc
lien and claim aeainst the property,
or interest in property, on which
such assessments are levied, and
[shall be a first and paramount lien
i thereon superior to all other liens
and claims except state, county and
municipal taxes. The sums so as
sessed against the abutting proper
ty. or interests in abutting prop
erty. and the owners thereof shall
be and become due and payable as
| follows, to-v.it:
In six equal installments, due
respectively on or before thirty *30)
days. 1. 2. 3. 4. and 5 years after
the date of completion and nccept
anve by the City of the improve
ments in said portio nef street, and
shaT bear interest f-om the date of
such completion and acceptance at
the rate of 7 per cent per annum,
pavable annually with each install
ment. Provided that any owner
shall have the right to pay the en
tire assessment, or any installment
thereof before maturity bv pavment
of principal and accrued interest,
and provided further that if default
shall bn made in the pavment of anv
installment of principal or interest
promptly as the seme matures, the
entire amount of the assessment
noon which such default is mad"
shall, at the opinion of th° s<*id
Contractor. Southwest Bitulithic
Company, or its assigns, be and be
come immediately du° and payable,
and shall be collectible, together
with reasonable attorney's fees, and
costs of collection if incurred.
III
The fart that such improvements
mav be omitted on that portion of
street adjacent to any premises ex
empt from the lien of such assess
ments shell in nowise invalidate, af
fect or immir the lien of such as
sessments upon other premises. All
assessments levied are a personal
described, notwithstanding such
own°rs rrav not be nam'-d or may
be incorrect* named. No mistake,
--row inral’d^v. or irregularity in
fhe name of any property owner c**
the description of any property or
the amount of any assessment or in
]>_______
! any other matter or thing, shall in
1 any wise invalidate or impair any
assessments hereby levied, or any
! certificate issued to evidence the
! same as hereinafter provided, and
any such mistake, error, invalidity
or irregularity, whether in such as
sessments or in the certificates is
sued in evidence thereof, may be
corrected a any time by the City,
end the full power to make and levy
re-assessments and to correct mis
takes. errors, invalidities or irregu
larities. cither in the assessments or
in the certificates issued in evidence
thereof, is in accordantr> with the
law and charter in force in the city,
vested in the city.
IV
The City of Brownsville shall not
be in any manner liable for the pay
ment of the sums hereby assessed
and the Southwest Bitulithic Com
pany or its assigns shall look solely
to such property and the owners
thereof for the payment of such as
sessments. but the City of Browns
ville shall exercise all of its lawful
powers to aid in the enforcement
and collection of said liens and sums
and personal obligations. If default
shall be made in the payment of
any assTsment. collection thereof
shall be enforced either by sale of
the premises, by the Tax Collector
of the city on request of the legal
holder of the certificate issued in
evidence of such assesment in the
same manner as nearly as possible
and after the same advertisement
as is provided by law and the char
ter of this city for sales for delin
quent ad valorem taxes, cr in case
of such default upon demand of the
legal holder of such certificate, this
city will exercise its charter powers
to enforce and collect this certificate
by suit in its own name for the
benefit of said holder, or said legal
holder may bring suit for the en
forcement of said certificate in any
court having jurisdiction.
V
For the purpose of evidencing the
several sums assessed against the
respective parcels of abutting prop
erty herein assessed, or the inter
ests in the parcels of abutting prop
erty herein assessed, and the own
ers thereof, and the time and terms
of pavment and* to aid in the en
forcement thereof, assignable cer
tiorates shall be issued and deliv
ered to said Southwest Bitulithic
Company bv the City of Browns
ville. upon the completion and ac
ceptance by the City of said im
provements in said portion of street,
which certificates shall be executed
in the manner and form and with
the provisions and recitals pre
cribed in a certain ordinance duly
na.scd by the City Commission of
the City of Brownsville on .Tune 7th
1927. which ordinance is one pro
LEGAL ADVERTISEMENT
viding for the issuance of assignable
certificates of assessment declaring
and evidencing assesments made
against abutting property and its
owners and railroads or street rail
roads and their owners for a portion
of the cost of street improvements
upon strets and other highways or
portions thereof in the City of
Brownsville, and prescribing * the
provisions of such certificates and
providing that payments made
thereon may be made to the City
Tax Collector and further presertb
: ing the duties of the City Tax Col
j lector and the City Treasurer with
reference to monev so paid.
VI
That any and all sums payable
upon any assessments herein made
or any certificates evidencing the
same, may be paid to the Tax Col
lector of the City of Brownsville as
provided in and authorized by said
j ordinance of June 7th 1927. de
| scribed in the preceding paragraph
hereof and the duties of the City
Tax Collector and the City Treasur
er with reference to anv and all
such payments shall be those pre
scribed in said ordinance.
Finally passed and approved this
7th day of Sent,ember. A. D. 1928.
B. E. HINKLEY. Mayor Protem.
City of Brownsville. Texas,
i Attest:
; A. E. Mundav. City Secretary,
j 3-18-25—2t—3366.
THE STATE OF TEXAS
No. 1652. In The County Court of
| Cameron County. Texas.
In the matter of the estate of
Paul V. Flusche. deceased.
To the Sheriff or any Constable of
Cameron County. Greeting.
You are hereby commanded to
summon all persons interested in
the estate of Paul V. Flusche. de
ceased. to take notice that H. J.
Flusche. has filed an application in
the County Court of Cameron
County. Texas, in Cause No. 1652 on
the probate docket of said Court to
takp the deposition of Mrs. A E.
Matteme. who resides in Kerr
County. Texas, but is now tempor
arily residing in the City of Lake
Charles. Louisiana, in answer to the
interrogatories attached to said no
tice and application, and that com
missions will issue to take such de
positions after twenty days notice
of such application as provided by
law.
And you will execute this writ by
publishing a true copy of this no
tice once each week for a period
of twenty days in a newspaper of
general circulation which has been
continuously and rcgu’arly publish
ed for a period of not less than one
year in Cameron County. Texas
Herein Fail Not. but have you be
fore said court on or after the ex
piration of twenty days, this writ
with your return thereon showmg
j how you have executed the same.
Given under mv hand and seal of
the County Court of Cameron
County, Texas, on this the 7th day
of March. A. D. 1929.
(SEAL)
H. D. SEAGO. Clerk. County
Court, Cameron Countv, Texas.
By O. F. Erenner, Deputy.
3-11-18-25—3t—3358.
SHERIFF'S SALE
THE STATE OF TEXAS
COUNTY OF CAMERON
Notice is hereby given that by
virtue of a certain Order cf Sale
issued out cf the Honorable Justice
Court. Precinct No. 6 of Cameron
County cn the 4th day of February.
1929. by Grover Reid. Judge of said
Court, for the sum of One Hundred
and Fifteen Dollars and costs of
suit, under a Judgment, in favor of
Southtex Motor Company in a cer
tain cause in said Court. No. 1444
end styled: Southtex Motor Co. vs.
Jas. Williams, pieced in my hands
for service. I. W. F. Brown, as
Sheriff of Cameron County, Texas,
did on the 24th day of February,
1929, levy on certain Reel Estate,
situated In Cameron County. Texas
described as fclows. to-wit: One <1‘
Chrysler No. 58 Touring car; 1926
Model; Motor Number F-92380;
Serial No. YH-064-S and levied
upon as the property of Jas. Wil
liams and that on the first Tuesday
in April, 1329. the same being the
2nd dav of April said month, at the
Court House door of Cameron Coun
ty. in the City of Brownsville. Texas,
between the hours of 10 a. m. and
4 p. m.. by virtue of said levy and
said Order of Salt?. I will sell said
above described Real Estate at
public vendue, for cash to the high
est bidder, as the property of said
Jas. Williams.
And in compliance with law, I
give this notice by publication, in
the English language, once a week
for three consecutive weeks imme
diately preceding said dav of sale, in
the Brownsville Herald, a news
pa n^r published in Cameron County.
Witness my hand, this 7th dav of
I March, 1929.
W. F. BROWN, Sheriff.
C'amcron County, Texas.
By L. A. Jagou. Deputy.
3-11-18-25-31-3357
NOTICE OF CONSTABLE’S SALE
UNDER ORDER OF SALE
THE STATE OF TEXAS
COUNTY OF CAMERON
Ev virtue of an execution and or
der of sale, issued out of the Dis
trict Court of Cameron County.
Texas, on March 11th. 1929. on a
judgment rendered in said court on
the 19th day of February. 1929. in
favor of Barney Micke and against
> Lloyd Thompson, trustee, for the
sum of $6539.23 in the case of S. L
Gill ct al versus Lloyd Thompson,
trustee, et al. No. 8187 in said court,
i and in favor of Lula J. Hansel and
I Flora H. Briscoe, joined pro forma
| by her husband. Geo. T. Briscoe. Jr.,
and against Lloyd Thompson, trus
tee. for the sum of $25,822.72, in
said cause, and in favor of S. L. Gil!
and against the said Lloyd Thomp
son. trustee, for the sum of
$35,330,26. in said cause, and for the
i foreclosure of a vendor’s lien as it
existed on the 1st day of December.
1925. and at all times afterward,
upon the fifty acre tract of land
described below, in favor of the said
Barney Micke and against ail of the
defendants, to-wit; Lloyd Thomp
| son. Trustee. Tyre H. Brown,
N. A. Davidson. J.’civde Bairbairn,
J. M. Green. E. Polk Hornadaw
B. F. Hardin. B. M. Holland. A. E.
McClendon. J. W. Rhone. A. J.
Rabel, H. L. Starnes. S. G. Stringer.
L. R. Anderson. Sam Botts. J. J.
Eurk. Che*. E. Barber. C. C. Bow
man. F. H. Brow-n. E. E. Brown.
John Baker. A. L. Brooks. Dan M.
Botts. Woods Christian. Dr. M. A.
Childers. Claude E. Carter. Dr. W.
M. Driskill, S. Finley Ewinr. George
W. Fisher. Harold A. Ferrin. E. P.
Garrison. W. W. Houser. Archie R.
Harwood, Miller Harwood, Lon C.
Hill. Jr.. R. E. Hubbard. L. W. Hos
kins. W. A. Harding. Win-ton Har
wood, Geo. W. Fackncv. W E. Jef
freys. S. R. Jenninsrs. A A. Kirnm*1'!
M. J. Kissick, F. C Ludden. Huoert
BUSINESS OPPORTUNITY
H. Love, H. Raymond Mills, A. R.
Murray. R. Y. Nelson, M. M. Nickel*
a widow, H. J. O'Connell, O. H„
Pletcher, Dr. A. J. Pollard. D. R.
Perry. Jack Pickens, Jr., J. R Rob
erts, W. E. Rice, Clell Solether, O. P.
Seale, R. T. Stuart. Geo. W. Stout,
L. H. Thompson (individually> An
drew Trumbly, J. C. Tom. Dr F. D.
Walsworth, Dr. J. C. Watkins and
H. N. Turney; and for the foreclos
ure of a vendor’s lien as it existed
on the 13th day of August, 1924.
and at all times thereafter, upon
the 171 acre tract of land described
below in favor of the said Lula J.
Hansel and Flora H. Briscoe. Joined
pro forma by her husband. Geo. T.
Briscoe. Jr., and against all of the
above named defendants: and for
the foreclosure of an equitable lien
and deed of trust lien as they exist
ed on the 8th day of May. 1928. and
at all times thereafter, upon both of
the above described tracts of land,
(subject however to the aforesaid
vendor's lienh in favor of the said
S. L. Gill and against the above
described defendants;
I did on the 11th day of March,
1929. at nine o’clock. A. M . lew
upon the following described two
tracts of land situated In the Coun
ty of Cameron. State of Texas, as
the property of the said U«S/\
Thomson, trustee, and. also, all
right, title and interest of the de
fendants and any of them in and to
said property, to-wit:
First Tract: All that certain lot.
tract or parcel of land, being all of
Farm Block Number One (1). con
taining fifty (50) acres of land out
of the Hall and Porter Subdivision
of a portion of Survey Number 289.
Cameron County, Texas;
Second Tract: All that certain
tract, piece or parcel of land, lving
and being in the County of Cam
eron. State of Texas, and being 171
acres of land out of Survey No. 43,
patented to Frank Gregory, assignee
dT Beaty. Seale and Forwood. and
being all that part of Survey No. 43
lying east and south of the Har
lingen Main Canal and north of the
Arrovo Colorado and being that part,
of said survey which has been sub
divided and plattPd and shown upon
a map of a subdivision made bv
j V. L. Conrad. Civil Engineer, and
j recorded in Man Book A page 18. of
I Map Records of Cameron Countv,
Texas, to which map and Book 4,
page 18. of Map Records of Cameron
CountyC. Texas, to which map and
its record reference is hereby made
for further description: and on the
2nd dav of Aoril, 1920. being the
first Tuesday of said month, be
tween the hours cf ten o’clock.
A. M . and four o’clock P. M on
said dav. at the courthouse door of
said County. I will offer for sale and
sell at public auction, for cash, all
the right, title and Interest which
the above named defendants had in
and to said fifty acre tract on the
1st dav of December. 1925. or at any
time afterward, and. also, all the
right, title and interest which the
above named defendants had in and
said 171 acre tract on the 13th dav
of August. 1994. and at all times
thereafter, and T will sell said two
tracts separately. And I herebv
give this notice in compliance with
law.
Dated at Harlingen. Texas, this
11th clay of March, 1929.
P. C EUBANK.
Cor: table. Precinct No. 8.
Cameron Countv. Texas.
3355-3-1l-18-25-3t
NOTICE TO CONTRACTORS ~
Of letting by the City of Browns
villc. Texas, of the improvement c'
th" following streets, to-wit:
Eighth street from north line
Madison street to the north lin°
Pierce street. Approximately £8 26
square yards pavement.
Eighth street frem north line of
Pierce street to intersection with
paving on Paredes Line road, and
from re-th line of Pierce street to
the south line cf Lincoln street.
Approximately 2850 square yards of
pavement.
Notice is herebv given that:
Whereas, the City of Brownsville
has heretofore by resolutions, di
rected thn improvement of the
| above mentioned streets, between
the above mentioned limits, by
grading, raising and filling the
same, and by improving the same
| by the construction of concrete
curbs and gutters wherever deem
ed necessary, and paving the same
with one of the following types of
pavement, to be selected by the
City Commission of the said City,
to-wit:
(1). 5-inch reinforced concrete
ba-e with 1 1-2 inch hot mix rock
asphalt wearing surface:
(2>. 5 inch reinforced concrete
base with 1 1-2 inch asphaltic
concrete wearing surface;
<3*. 5-inch reinforced concrete
base with 1 1-2 inch Warrenite
Bitulithic wearing surface;
(4>. 3-inch rolled gravel base with
2 1-2 inch bituminous concrete bass
with 1 1-2 inch Warrenite Bitu
lithic wearing surface;
Whereas, plans and specifications
have been pro mred for the said
work bv the City Engineer, which
are on file in the office of the City
Secretary, and have been duly ap
proved by the City Commission.
Nowx therefore, all persons desir
ing to bid upon the work of making
the said improvements are request
ed to do so in accordance with the
said resolutions, plans and specifi
cations to which they are referred
bv filing sealed bids therefor with
the said City Secretary, on or be
fore the 5th day of April, A. D
1929. at ten o’clock a. m.
Bidders will be required to make
their bids on forms of proposals
; by the City Secretary, and w’hich
i may be obtained at his office, and
no bid will be considered unless the
same is accompanied by a certified
check upon an acceptable bank,
payable to the Mayor cf the City
of Brow’nsville. in amount arfa on
conditions designated by and in
said proposal. Bidders may bid
either upon all the different alter
native plans, materials and meth
ods prescribed by said specifica
tions. or upon any one or more
thereof. The City of Brownsville
reserves the right to accept anv
bid or bids, or to reject any bid oi
bids in whole or in part.
A. E. MUNDAY.
City Secretarv. City o:
Brownsville, Texas.
3-18 to 27-10t-3362
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