HomeMy WebLinkAboutORD 672 - ORD Closing the Hearing to Real and True Owners Sec 1, Sec 2, Sec 3
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ORDINANCE NO. 672
AN ORDINANCE CLOSING THE HEARING GIVEN TO THE REAL AND TRUE OWNERS
OF PROPERTY ABUTTING ON:
Section 1, University Boulevard between Lake Street
and Westchester Avenue
Section 2, University Boulevard between Mercer
Avenue and Edloe Street
,Section 3, University Boulevard between Weslayan
street and Community Drive
AND TO ALL OTHER INTERESTED PARTIES, AS TO SPECIAL B~ITS TO AC-
CRUE TO SAID PROPERTY AND THE TRtJE OWNERS THEREOF BY VIRTUE OF THE
IMPROVEMENTS, AND AS TO THE PROPOSED ASSESSMENrS THEREFOR, AND AS
TO THE ACCURACY, SUFFICIENCY,' REGULARITY, AND VALIDITY OF THE PRO-
'CEEDINGS AND CONTRACT IN CONNECTION WITH SAID IMPROVEMEETS AND AS-
,SESSMEl'lTS, AND:,ANY MATTER OR THING CONNECTED THEREWITH; FINDING
AND DETERMINING THE REGULARITY OF ALL PROCEEDINGS AND THE PERFORM-
ANCE OF ALL PREREQUISITES TO FIXING AND LEVYING THE ASSESSMENr
LIENS AND THE PERSONAL LIABLLITY, OF PROPERTY OWNERS; OVERRULING
" AND DENYING ALL PROTESTS AND OBJECTIONS OFFERED, EXCEPI' AS TO
, '
PARTICULAR CASES MENTIONED; FINDING' AND' DET~MINING SPECIAL BENEFITS
TO EACH, PARCEL OF' PROPERTY AND THE OWNERS T:s:EREOF' BY ~ON OF
SAID IMPROV'EMENrS IN EXCESS OF THE AMOtmT OF THE RESPECTIVE ASSESS-
MENTS AGAINST SAME; LEVYING ASSESSMENTS; FIXING A CHARGE AND LIEN
AGAINST TEE RESPECTIVE PROPERTIES ABUTrING ON THOSE PORTIONS OF
SAID STREETS TO BE IMPROVED AND AGAINST THE TRUE OWNERS THEREOF
FOR TEE PAYMENT OF PART OF THE COST OF THE IMPROVEMENTS WITHIN THE '
LIMITS DESCRIBED; PROVIDING FOR THE ISSUANCE OFASSESSMENr CERTI-
FICATES AND THE MANNER OF THEIR COLLECTION; AND DECLARING, AN EMER - '
GENCY.
, '
WHEREAS, the City COmmission of ~he City of West University Place,
Texas, has heretofore, by Ordinance No. 658, duly and'regularly passed and
approved May 10, 1954, determined the necessity f'or and ordered the improve-
ment of portions of'University Boulevard in the City of' West University Place,
Texas, to-wit: '
;:: ,Section 1,
University Boulevard between Lake Street and
Westchester Avenue
Section 2,
University Boulevard between Mercer Avenue
and,Edloe Street
Section 3,
University Boulevard between Weslayan Street
and Community Drive
in accordance with plans and specifications prepared by the City Engineer,
and ,approved by the' City Commission in said Ordinance, by the construction
upon said portions' of said street of'a reinforced concrete pavement with mono-
lithic curbs and appurte~ances and incidentals to such improvements, all as
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more specifically shown by said plans and specifications; and which improve-
ments were divided and segregated into separate and segregated sections as
hereinafter set f'orth; and
WHEREAS, -pursuant to advertisement, therefor sealed bids were duly and
regularly received and examined, and pursuant to report and recolmnendation
by the city Engineer, and af'ter appropriation to cover the estimated cost to
the City of' such improvements, all as provided by the Charter of said City
and by law and in full compliance therewith, said City CommiSSion of' the City
of'West University Place, Texas, did by its Ordinance No. 664 duly and regu-
larly passed and approved June 28, 1954, award a contract for the construction
of said improvements on t~e,above and hereinafter described Sections Nos. 1,
2, and 3, to RUSS MITCHELL~ -INC. on its lowest secure bid, which contract,
and certain addenda and ~ndments thereto, have been heretof'ore f'ully exe-
cuted; and
WHEREAS, upon examination of' the estimates of' costs of said improve-
ments and of the various portions thereof'theretof'ore prepared by the Engineer,
as earlier required, said City Commission of the City of West University Place,
Texas, by its Ordinance No. 668, duly ,and regularly passed and approved
July 26, 1954, ordered that a hearing,be given to all owning or clain).ing any
property abutting upon any of the respective portions of the. street'therein
and herein set out, and included within any of' the designated Sections Nos.
1, 2, and 3, and to all ownipg and'claiming,any interest therein, and to all
interested in any assessment or any of the proceedings with reference thereto,
as to the proposed assessments and proceedings, and on any matter as to which
hearing is a constitutional prerequisite, and as to the amounts of' the pro-
posed assessments, the lien and liability thereof, the special benef'its to
,the abutting property and owner thereof' by means of' said improvements for
which assessments are to be levied, and as to the accuracy, sufficiency,
regularity, and validity of the proceedings and the contract in connection
with such improvements and proposed assessments, and concerning any other
matter of 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 ~li other
such matters and things; said hearing to be held by and bef'ore the City Com-
mission of the City of West University' Place, Texas, at 7:30 P.M. on August
12, 1954, 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 f'urther
ordering and directing the City Secretary to give notice of said hearing by
public advertisement thereof, as therein specif'ied, 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
kqown as Article 1105 (1::i), Revised Civil Statutes of Texas, 1925, heretof'ore
adopted by the City of' West University Place, Texas, in and as a part of' the
Charter of' said City, and as required by the Charter and Ordinances of said
City, has been duly given by advertisement thereof' by pub,lication of same in
the Houston Chronicle. the official newspaper of the City, on July 28, 1954,
and on August 04 and:12, 1954, said Houston Chronicle. 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
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published having described the nature of the improvements f'or which assess-
ments were proposed to be levied and to which such notice related, having
stated the highway and the portions thereof to be improved, the estimated
amounts per f'ront f'oot proposed to be assessed against the owners of' abut-
ting property, and such property on such highway and each respective section
thereof with ref'erence to which the hearing mentioned in said notice was
to be held, and having stated the estimated total cost of' the improvements
on such highway and each,of' the'segregated sections thereof', and having
stated the time and place at which such hearing should be held, and said
notic~{having given additional inf'ormation and having, in all respects, f'ully
met and complied 'with all provisions of"law and of the Charter and Ordinances
of' said City requisite or pertinent thereto; and
, WHEREAS, at said hearing, o:+' 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~and hereinaf'terstated sections of'the street to be.improved, and the
present condition of the existing street, and property owners and other parties
interested in the proceedings appeared and made statements and gave testimony,'
to-wit:
J. I. Cornelison, City Engineer of' the City of' West University Place,
Texas, being duly sworn, testified that he had prepared the original and
revised plans and specifications approved by the City Commission under which
improvements were to De constructed pursuant to the contract awarded to
Russ-Mitchell, Inc., and the amendments and addenda thereto; that the 'nature
of'the improvements to be constructed'is, in general, the removal of the
old curb and gutters where the new pavement is to be constructed and the
construction of' a ,steel bar reinforced 7 inch concrete pavement with mono-
lithic curbs in each of the "Skip" areas as ref'lected in the plans coiistitut-
ing,6,c'-part 'of':the~contract;,thatthe:;i?toject and the plans and specifications,
and method of' construction were in accordance with good engineering design
and practice and construction methods and that the reinforcing bars were
called to be 'somewhat closer together, than in construction under the state
Highway Department requirements.
Jerome A. McCall, having been duly sworn, 'testified that he was and
had, for many years, been in the real e'state, appraisal and mortgage loan
business in Houston, West University Place and neighboring areas, and is
general manager of' Hodell and Company; that he was familiar with, and had
heard the testimony of' Mr. Cornelison concerning, the nature and type of'the
improvements to be constructed and was f'amiliar with the properties abutting
which the improvements were'to be made and valuations in the area; that he
ha~ had experience with purchases and sales of' real estate on paved and un-
p~ved streets and real estate abutting paved and "skipped" areas of' the
street and with ref'erence to loans on such properties; that in his opinion
each of' the properties' abutting on the "skipped" areas to be improved would
be enhanced in value by reason of the improvements to an extent considerably
in excess of' the proposed assessment rate, to wit: In Section 1, the sum of'
$6.35 per front f'oot; in Section 2, the sum of $7.85 per f'ront foot; and in
Section 3, the sum of $4.10 per f'ront f'oot and that there was no property in
any of' said respective Sections into which the work had been divided which would
not be so enhanced in value to such minimum amounts; that properties abutting
upon such skipped, areas are considerably less in value than those on paved
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areas, that.the sales value was much less and that most of the lending
agencies rejected loans on properties abutting upon areas where pavement
had been omitted~ ' I~
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Mr. George G~ Williams, of' 2732 University Boulevard, appearing with and as I----.J
spokesman f'or himself' and his wife, and Mrs. Rebecca Sanders, 2730 University
Boulevard and Mrs. Nickel, 2736 University Boulevard, being duly sworn, stated,
in general, that in his opinion the material installation in a street does not
increase the value of property; that the contemplated pavement would not
increase the value of his property as a home and -that, while he f'elt the City
needed University Boulevard, he felt it unf'airthat the property owners be
required to pay for paving the street to their own detriment. Mr. Williams,
in behalf of the named persons, and Mr. A. H. Teltschick, 2740 University
Boulevard, presented a written protest signed, by the named persons'objecting,
among other things, to the heavy traf'f'ic, vibration to their homes, ef'fect
on the sanitary sewer layed inside of' the curb lines on portions of' the street
and the general detriment to the value of properties resulting f'rom street
"paving.
There being no f'urther persons appearing and of'f'ering testimony, the hearing
of' property owners, upon motion duly made and passed, was recessed to 7:30
o'clock on Monday, August 16, 1954, to'be then reconvened at the City Hall of
West University Place.
At said recessed meeting, no further persons appearing and of'f'ering testimony,
the Commission proceeded to further consider the matter, and at said hearing
and recessed hearing, all parties desiring to be heard concerning any of
the matters hereinabove and in said Ordinance No. 668 and in said notice
mentioned, and as to any other matters connected with said proceedings, and
concerning any other matters or things with ref'erence thereto, having been
h~ard and their statements and evidencerdulyand'fullyconsidered; and said. '
City Commission having heard evidence as to the special benef'its 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 Commissionhaving,heardand considered the evidence
and having given a f'ull and fair hearing to all parties appearing or desiring
to appear; and having determined at such hearing said special benefits as
aforesaid, and having determined that there is not to be assessed against said
abutting properties and the respective owners thereof' more than all the cost
of' constructing curbs and 9/10ths of' the remaining cost of such improvements
(exclusive of' intersections), as shown on the estimate of' the City Engineer;
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 f'ound and now declared by it to
be just and equitable, having in view the special benef'its 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' benef'its received and burdens imposed,
each of which adjustments and apportionments have been taken into consideration
and made in the' assessments hereinbelow set f'orth; and said City Commission
having determined that the application of said Front'Foot Plan or Rule and
the apportionments in particular cases do produce a substantial equality of'
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benefits received and burdens imposed, and having determined at said hearing
that the assessment~ hereinbelow made and the charges hereby declared against
the property owners and their respective properties are, in all things, just
and equitable, and that in each instance the assessment made against any parcel of
property and its owner is less than the specialbenef'its to said property and
the owner thereof' by means of' said improvements, and that, with the exception
of apportionments and adjustments 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 an~ denied; and
WHEREAS, all proceedings with ref'erence to the making of the improve-
ments hereinabove mentioned have been regularly had and duly and legally taken
and perf'ormed in f'ull compliance with the law and the Charter and Ordinances
of the Cityof',WestUniversityPlace, Texas, and all prerequisites to fixing the
assessment lien against the properties hereinaf'terlisted, 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 up0n the acceptance thereof by the City of West
University Place, assignable certif'icates 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 Ch/:l.rter and Ordinances of' the City; NOW, THEREFORE,
BE IT ORDA:rnED BY THE CITY COMMISSION OF THE CITY OF WEST UNIVERSITY
PLACE, TEXAS:
Section 1. That there being no f'urther testimony or evidence or protest,
f'or or against the improvements heretofore ordered, at said hearing. granted
to the true owners of' properties abutting upon:
Section 1,
University Boulevard between Lake Street -
and Westchester Avenue
Section 2,
University Boulevard between Mercer Avenue
and Edloe Street
Section 3,
University Boulevard between Weslayan street
and Community Drive;
and within the limits above def'ined, and upon any of the respective portions
of said street included within any of' the designated sections as hereinafter
stated, and to all owning and claiming any interest therein, and to all in-
terested in any assessment or any of the proceedings with reference thereto,
or. in any of' the matters hereinabove mentioned, said hearing should be, and
the same is hereby, closed.
Section 2. That, the City Commission f'inds and determines and so de-
clares that each of the steps and proceedings hereinabove mentioned, and all
proceedings with ref'erence to the making of' the improvements on:
Section 1, University Boulevard between Lake street
and Westchester Avenue
Section 2, University Boulevard between Mercer Avenue
and Edloe Street
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Section 3, University Boulevard between Weslayan street
and Community Drive;
as herein stated, have been duly, legally, and regularly had, taken, and per-
f'ormed in f'ull 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 28, 1954, contract, and addenda thereto, executed on
behalf' of the City, pursuant to Ordinance passed and approved July 26, 1954,
and all prerequisites to the fixing of the assessment lien against the re-
spective properties hereinaf'ter 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, perf'brmed, 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 thereof'
more than all the cost of curbs and 9/l0ths of' the remaining cost of' such
improvements (exclusive of intersections), as shown on the estimate of ,the
City Engineer; 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 substantial equal-
ity of benef'its received and burdens imposed; and that the 'special benef'its
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 assessment made against such parcel
of' property and its owner, and that the assessments, liens and charges herein
levied, declared, and f'ixed 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 in f'ixing the amounts of' the assessments
and liens, as hereinafter stated, and whether specif'ically 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 Ordi-
nances and all other proceedings heretofore passed and held, and pursuant
to the above mentioned June 28, 1954 contract a.nd the estimates, reports,
lists, and statements of the City Engineer, and pursuant to the notice and
hearing hereinabove mentioned and by virtue of' the powers conf'erred 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 df West University Place, Texas, in and as a part of, the Charter
of' said City, does hereby f'ix and determine and does hereby levy and assess
against the respective properties abutting upon the above and hereinaf'ter
stated sections of' the highway and the portion or portions thereof' heretof'ore
ordered improved and against the real and true owners thereof', whether herein-
af'ter correctly named or not, the respective amounts hereinaf'ter set opposite
the names of' the respective apparent owners and the descriptions of' the re-
spective properties. The improvements heretof'ore ordered having been hereto-
fore divided into separate, segregated, and independent sections, each
wholly unrelated to the other, the assessments and liens here_inafter set
forth are 'made separately section by section with the assessments and liens
in each section separate and segregated f'rom and wholly unrelated to the
assessments and liens in each other such section; the respective separate and
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segregated sections of the street to be improved, and as to which contract
has been awarded and the above hearing held, and assessments here levied,
being as follows, to-wit:
Section 1, University Boulevard between, Lake street
and Westchester Avenue
Section 2, University Boulevard between Mercer Avenue
and Edloe Street
Section 3, University Boulevard between Weslayan
Street and Community Drive;
the properties and apparent owners thereof and the assessments levied against
each, respectively, are as follows:
UNIVERSITY BLVD. SKIPS
8 FEET WIDE t BETWEEN LAKE STREET AND WESTCHESTER AVENUE
$6.35 PER LI~ FOOT
Blk. ,
No. Addit:Lon
12 Virginia ct.
,SECTION NO.1 -
House
No.
2628
Property OWner
Mrs. Arbie B. Jones
2630 Gerald T. Kerbow
12,
II
2636': Alvin Beyer
12
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2644 V.I.Grisham. et tix,
EthlynM. Grisham
12
II
2720 Keith W. Hinkle
11
"
2730 Mrs. Rebecca Sanders 11
11
2732 George G. Williams, et ux 11
Marion G. Williams
II
2736 Lola W. Straughan 11
2738 Chas. F. Hanson et ux 11
Junia Hanson
"
II
2740 A. H. Teltschick
15 Rice Court
2904 Nell Doyle French F/s
14
II
3002 Ruby Bertrand
"
13
13
3008 JohnD . Burrows, Jr.
"
3120 J. Devere Green
II
13
l-:~---- nm ,.. "" -.. -'::::--:.1
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Lot No.
16 & W
25' 17
II
15
14
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13 & E
121.' 12
2
"
11 & 12
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, 10
II
9
"
8
II
7
E32' 3
"
21 & W25'
22
34
"
"
33 & E25'
32
"
20 & W
25' 21
:21
Front-
age
75
5Q,
Total
$476.25
317.50
50 317.50
62.5 396.87
120
60
50
50
61
762.00
381. 00
317.50
317.50
387.35
32.5 206~38
7~,
50
75
75
476.25
317.50
476.25
476.25
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UNIVERSITY BOULEVARD SKIPS
SECTION NO.2 - 10 FEET WIDE, BETWEEN MERCER AVENUE AND EnLOE STREET
$7.85 PER LINEAR FOOT
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House Blk. Front-
No. .Property Owner No. Addition Lot No. age Total
3614 W. S. Werner et ux, 44 W.Univ.2nd E50 t 5 50 $392.50
Margaret E. Werner
3618 Mrs. Lucy Anderson 44 " W50' 5 50 392.50
3620 Joe Schwartzberg 44 tt 4B 50 392.50
TOTAL SECTION 2 150 $1177.50
UNIVERSITY BOULEVARD SKIPS
SECTION NO. 3 - ,5 FEET WIDE, BETWEEN WESLAYAN STREET & COMMUNITY DRIVE
House Blk. Front-
No. Property Owner No. Addition Lot No. age Total
Vac. Thelma E. Chambers 34 College v. 4th 3 50 $205.00
11 4039 Geo. C. Chambers 34 " " " 1 & 2 100 410.00
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LJ 4129 Mrs. Charles A. Barton 25 Colonial Terr. 21 50 205.00
4207 ,J. M. Carseyet ux, 11 " " 14 50 205 .00
Carrie Bess Carsey
TOTAL SECTION 3 250 $1025.00
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Section 4. That said several amounts herein assessed, together with
interest, expense ,of' collections, and reasonable attorney's f'ees, if incurred,
shall be and the same are hereby declared to be a f'irst 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 J,105(b) of' Vernon's Annotated Civil
Statutes of' Texas; and such assessments and said other items shall be collectible
and the liens enf'orceable in any court having jurisdiction;, and shall be a,.,...
personal liability and charge against the said owners of' the property assessed;
that said sums so assessed shall be payable as follows, to-wit: In ten equal
installments, one installment payable within thirty days after the completion
of' said improvements and the acceptance thereof by the City of' West University
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Place, and another installment to be due and payable on the respective dates
in 1, 2, 3, 4, 5, 6, 7, 8, and 9 years, respectively; after sain date of' such
acceptance, with interest on the res~ective sums so assessed, and each install-
ment thereof' f'rom said date of acce~tance, at the rate of five ~ercent (5~)
per annum, payable annually, and with interest on princiPal and'interest'after
the respective maturity dates at eight percent (8%) per annum; provided, how-
ever, 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 f'rom, and be issued as of, the date of' the
completion of' the improvements on each res~ective section, separately, and the
acceptance thereof by said City; and provided f'urther, that, in the event
of def'ault in payment of' any installment of any such assessment and certif'icate
when due, whether of principal or interest, the whole of such assessment and
certificate may be matured and declared due at th~ option of the holder thereof;
provided, f'urther that said respective property owners shall have the privilege
of' paying anyone or more of said installments bef'ore their maturity, by pay-
ment of' principal and interest thereon.
Section 5. That f'or the purpose of' evidencing .said assessments, the
liens securing same and the several sums payable by said ~roperty owners and
the time and terms of payment, and to aid in the enf'orcement thereof, assign-
able certif'icates shall be issued by the City of West University Place to the
Contractor, or assigns, upon completion'and acceptance of each res~ective
segregated section of said improvements, which certificates shall be executed
by the Mayor and attested by'the City Secretary, with the corporate seal af'-
f'ixed, and shall be payable to said Russ Mitchell, Inc. or assigns; said
certificates shall declare the said amounts, and the time and terms of' pay-
ment thereof, the rate of' interest payable thereon, ,the description of' the
res~ective pro~erties against which the af'orementioned assessments have been
levE d, suf'f'icient to identify same, and same shall contain the name of' the
apParent owners thereof.
Said certif'icates shall f'urther set fo:r~!l" and evidence the assessments
levied and shall declare the lien upon the respective properties and the li-
ability 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 f'urther provide that if default be made
in the payment of any installment of prtncipal or interest thereon when due,
then at the option of said Russ Mitchell, tnc."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 attorney's fee, if incurred. -
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Said certificates shall f'urther recite that the proceedings with refer-
ence to making the improvements therein ref'erred to have been regularly had
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 of all the ,Ji"
matters recited in said certificate and no f'urther ~roof' thereof shall be
required.
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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 ~owers conferred upon it by
law when requested so to do by the holder of said certif'icates, to aid in
the collection thereof.
Section 7. The fact that the ~ortions of the street herein def'ined
are in need of' improvement as ~romptly as possible creates a ~ublic emergency
and, therefore, this Ordinance shall be passed f'inally on the date of its
introduction this, the 16th day of' August, A.D., 1954, and shall take effect
immediately upon its passage and approval by the Mayor.
PASSED this 16th aay of August, A.D., 1954.
COMMISSIONERS Goff, Mooney and Mayor Morris
Voting aye.
COMMISSIONERS None
Voting no.
APPROVED this 16th day of' August, A.D., 1954.
~ ~~'"..;
Mayor of the City of' Wes University
Place, Texas
ATTEST:
~-~~~J
,pr ity Se y
'11
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