HomeMy WebLinkAboutOrd 218 - closing hearing on street improvement costs to property owners
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ORDINANCE NO. 218
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AN ORDINANCE CLOSING THE BEARING GIVEN TO THE READ Al'ID TRUE
OWNERS' OF THE PROPERTY ABUTTING UPON EACH SIDE OF EACH STREET
WITHIN THE FOLLOWING LIMITS:
BEGINNING at a point in the north line of Bell-
aire BoUlevard at the interseotion of the west
line of City of Southside Plaoe;
THENCE westwardly with the north line of Bell-
aire Boulevard to its intersection with the east
right of way line of the Humble Pipe Line Company
right of way- for corner; .
THENCE northwardly with the east right of way to
its interseotion with the south right of way line
of Jtlchmond Road for corner; ,
THENCE in a north northeasterly direction with
the south right of way. line of Richmond Road to
, its intersection with. the east boundary line of
College View Third Addition for corner;
~CE ,in a southerly direction with the east line
ot College View Third, Second, and First Additions
and, continuing with the southerly projection of
saiq liJ;le to the place of BEGINNWG, and including
, . -Lots 1 to 3linolu$i ve, Cambridge Place,
al.l of Fair Haven Addition, Colonial Terrace
Addition, College' View First; Second and Thir~ '
Additions and t\yoaoreage tracts belonging to
Mrs. J. W. Cunningham, in the City of West Un! ver-
sity P+ace, Texas.
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AS TO SPECIAL BENEFITS '.00 ACCRUE TO SAID PROPERTY .AND TEE TRUE
OWNERS THEREOF BY V IRTUEOF ,THE IMPROVElJE NT OF SAID STREETS
WITHIN THffi LIMITS DEFINED, AND AS TO ANY ERRORS, INVALIDITIES,
OR IRREGULARITIES IN ANY OF THE PROCEEDINlS. OR CQlfrRACT TImRE-
OF, ,OVERRULING AND DENn~G1\LI,. ,P~QT:H;STS AND OBJECTIONS OFFERED;
FnIDING AND DETERMINING THAT,' EACH AND EVERY PARCEL OF PROPERTY
ABUTTING UPON SAID STREETS WITHIN THE LIMITS DEFINED WILL BE
SPECIALLY BENEFITED AND ENHANCED IN VALUE IN EXCESS OF THE
gOUNT ,OF THE COST. OF . SAID. IMPROVEMENTS PROPOSED TO BE ASSESSED
AGA~ST'. SAID PROPE,RTIES .~:Q,l.tE,VX~~~ Ali .~&:&S~ )f,O,R,THE PAY-
MENT OF .ALL OF THE COST OF IMPROVING SAID STREETS WI'IHIN SAID.
LIMITS; FIXING A CHARGE AND LIEN AGAIN3T THE PROPERTY ABUTTING
UPON SAID STREETS AND THE TRUE OWNER. OR OWBERS THEREOF; PROVID-
ING FOR THE ISSUANCE OF ASS~GNABLE CERTIFICATES UPON TEE COM-
PLETION AND ACCEPTANCE OF' SAID iVORK, TEE MANNER AND TIME OF '
PA1MENT AND PROVIDING FOR THE MANNER AND METHOD Olt COLLECTION
OF SAID ASSESSMENTS AND CERTIFICATES, .AND DEC.LARING AN
EMERGE NCY .
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WHEREAS, the City Commission of the .City of West University
Place, Texas, has heretofore on the ).J};t;L.. day of ~..i/ ,
A. D., 1941, by duly enacted ordinanceS, determined t e necessity
for and ordered the improvement of said streets, within the
limits defined and herein below set out, by excavating, raising,
grading and filling the same, and other incidentals and appurten-
anoes, and by oonstructihg sidewalks with one of the materials
therein named, which material for said sidewalks has sinoe been
duly sele cted by said City Commission- to be four (4') feet wide
and four (4-' inohesthiok, ~de with shell oonorete base con-
taining not~less.than five (5) sacks of oament per oubic tard,
topped monolithio:with not less than one-fourth (1/4") inches of
dry sand and oement topping oonta.ining not less than nine (9)
saoks of oement per cubio yard, said portions of Said streets to
-be improved as 1'ollows:
SIDEWALKS four (4) feet wide, four (4) inohes thiok oonforming
to the standard specifications for conorete sidewalks
hereto attaohed shall be oonstructed along the fol-
lowing streets between the limits stated herein in
front of all lots in 1'ront of Which there is no side-
, walk conforming to the standard specifioations.
SIDEWALKS shall be oonstructed by W.P.A. Sidewalk Project at a
oostto the property 'owner not to exceed sixty (60)
oents for eaoh linear ,foot 01' walk constructed. Where
assessment sidewalkcertifioates are issued by the
City in exohange for the sponsor's contribution, the
certificates shall be pa.id in six equal monthly in-
stallments, bearing interest from~ate of completion of
,the work at the rate of 710 per annum and providing for
attorney's fees and oourtoosts in the event oollection
must be obtained througnsuit.
FRONT
Jl'OO'1"AaF.
TOTAL
COST
On North and South Sides of-Avenue DAD
from East .Property line Academy Street
-to- 50' West of West Property Line of
West Point Drive ..................... 1283.13
769.88
On North and ~outh Sides of Ruskin Ave.
from East Property Line Wesleyan Street
-to-West Property Line of Community _
Drive................................. 2634.86
1580.92
On South Side of Riley Avenue from
East Property Line Wesleyan Street -to-
West Property Line of Community Dr. ... 1216.00
729.60
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FRONT
FOOTAGE
TOTAL
OOST
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On North Side of Riley Ave,nue
from East Property Line Oollege
View 1 &: 2 -to- West Property
Lire Of Community Drive.,.,.~..:-..,.< 17"7..22
On North and South Side of'
Southwestern from East Property
Line College View 1 &: 2 - to'-
West Prpperty Line pf QO~1l":ty" . ' , . . , , ,.
Drive.......................... 3621.5 21~2.90
1066.33
On North and South Sides of
Marquette Ave. from East
property line COllege Vi~YI, 1
&: 2 -' to - West Property Line
of Oommunity Drive.....t.......
2790.78
1674.47
On North and South Sides of
Villanova Ave. from. East P+"9-, ,
perty Line Oollege View 1 &: 2
- to - Westprop8 rty line of
Oommunity Drive................
3143.4
1886.04
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On North and South Sides of
Oberlin'Ave. from East Property'
Line Oolle ge View 1 &: 2 - to - '
West Property Line of Communi ty
'DZi~e ......................... 3533.33
2120.00
On Borth and South Sides of'
Byron Avenue from East Property
Line College View 1 &: 2 -to-
West Property LiD:: of Commlinity
Dri ve. . ~,.. .. .. .. .. . ~.. . .. ~ t 'I" ~., 1677.2
1006.32
On North and SOUth Sides of Case
Ave. from east property line
COllege View 1 &: 2 -to- West 2847.0
propert~ Line of COIqDlUnity, )~~:~e. , ,
On North and South Siges of
Swarthmore Ave. from East pro-
perty Line College Vi@w 1 &: 2 ,
-to- Wes,t Property ~ine ot:.",.,. , . . ' , . . , . , , , , .' .
Community D~ive................ 1421.14 852.68
1708.20
On lIorth and South Sid es of
Universi:ty Blvd. trop! east, pro-
perty line College View 1 &: 2
-to- West Property line of
Community Drive ............... 1260.14
756.08
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FRONT
FOOTAGE
On North and South Sides of Poe Ave.
from East Property Line College View'
1 & 2 -to- West Property Line College
View 1 & 2 Addition.... .'..... .'.~.'.'.'.'.'.' 928..50
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TarAL
COST
.557.10
On North and South Sides of Poe Ive.
from East Property Line Colonial
Terrace - to- West Property Line 'of ..
Oommunity Drive~,.................'.... 1292.6.5 775..59
. ......:;:,,'. t' ... 1 ") .r .. ~ e 7 :t ') ., r (' ., ...- ~ ~ ... c "'" .. ..I 1 '
On North and South Sides of Milton,
Avenue from East Property Line
College View 3rd ~to- West'property
line of College View Third Addition...l.5.50.00
On :North and. South Sides of Milten Ave..
from East Property Line Coloni~l
Terrace - to - West Property L~ne of
Community Drive...................... 1.531.90
930.00
919.14
On North and SputhSides of Rice
Ave. from East Property Line College'"""
View Third -to- West Property line
College View Third Addition.......... 154.5.83
On North and South Sides of Rice"
from East Property Line Colonial ,
Terrace - to.- West property liIl8" " . , '" , .". , ,
of Oommunity Drive .................. 1067.2 640.32
927..50
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On North and South Sides of
. Tennyson Ave. from East Property
Line of College View Third -to-
West Property: Line Community Dr. ..'.ti. -4215.,97' ", '2.529,.58
On North and South Sides of-
Coleridge Ave.~rom East Property
Line College .View Third -,to -
South Line of Richmond Road..~....... 2606.06
On North and South Sides of Marlowe
Avenue from East. Property Line COllege
View Third.-to- West Line of Bissonnet
Place Addition....................... 2341..52
,
On North and South Sides of Arnold Ave.
from East Property Line College View
Third -to- South Line of Richmond Rd.' 33.58..56
On North and South Sides of Browning
Ave~ from Easz Property Line COllege" , ,., -, .
View Third -to- West Line of Bissonnet
Place Addition .......................2408.1
1.563.64
1404.91
201.5 ..14
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1444.86
FRONT
FOOTAGE
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On North and South Sides of North-
western from East Property Line
COllege View Third -to- South Line
of Richmond Road...................... 1226.61
On Northanu South Sides of Keats
Street from East Property Line College
View Third -to- South Line of Riehmoni
Road. . .... .. . ...... .... .... .. ... ... .... . 499.8
On East and West Sides of College St.
from North Line of Riley Ave. -to- South
Property line of Richmond Road........ 5929.75
On East Side of Wesleyan st. from North
Li ne of Bellaire Bibvd....to- Sen th pro-
perty Line. of Richmond Road.!..:...... 3230.65
On West Side, of Wesleyan st. from North
Property Line of Bel1aire Blvd. -to- 2153.62
North Property:~in~ of University Blvd.
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On West Side of Wesleyan at.from South
Property Line Bissonnet Place-to-
South Property Line of Richmond Rd.... 821.00
On East Side of Academy St. from North "
Property Line Bellaire Blvd. -to- North
Proper~ Line of University Blvd...... 2285.38
On East Side of Academy St. from South
Property Line of Bissonnet Place ~to-
South Property Line of Richmond goad... 950.35
On West Side of Academy St. from North
Property Line ofoe1laire Blvd.-to-
South Property Line of Richmond Road.. 3216.5
On East and West Sides of Fairhaven
Street from North~roperty Line of
Bellaire Blvd. -to- North Property
Line of Villanova Street.............. 2820.0
On .East and West Sides of West Point
Dblve ~m North Property Line of
Bellaire Blvd. -to- South Property
Line of Richmond Road................. 6561.95
On East and West Sides of Community
Drive from North Property Line Cam-
b~ige Place -to- South Property line
of Richmond Road.....................
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6583.8
86331.4
GRAND Tor AL
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TOTAL
COOT
735.97
299.88
3557.85
1938.39
1292.17
492.60
1371.23
570.21
1929.,90
1692.00
3937.17
'?9'i0.28
$51798.85
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WHEREAS, the said City Commiss.ion has caused the Engineer
for the City to prepare and file. eS,~ima:tes of th~. eost of sucl;l
improvem~nts and est im9. tes of the amou--nts~ per front foo~ pro-
posed to be assessed' against' 'tn:e" -property a"butt1.ng 'said streets
to be improved, and the true owner or owners thereo:f., ,the total
assessment cost of the improve.ant to be constructed between
and under the rails, tracks, double tracks, turn~outs and
switches and two :feet on each side thereof of any' railway, street
railway ar interurban, using',' oc'cupyin~ or" 'CTO'Ssing' any 'Of' said
streets 8r parts thereof to be im-proved, and said .l!;ngineer for
the City has.heretofore filed said estimates and a statement of other
natters re~tiIg thereto with "sara City Commission, and same
have heretofore beeIT received,' adopted and approved by said
City Commission, and,
WHEREAS, s~ift. City Pomwission by 'duly' enacted ordinance
dated 77<4-1/(!.A/ d# ~j7 ,. A'a' D:.' 1941, did determine the
necessity ot levying an assessment for ~ll of the cost of con-
structing said improvements to be paid by the abutting' pro-
perty and' the true owner' or 'oners thereOf, and. did order and
set a l!e~ring to be held at -I: (/0 o'clOCk p. m., on the
~.:r~~. day of ~. , A. D. 1941, in theCouneil .
Cham er of the City ~~ .,' .the City'ot' West University Place,
Texas, for t:p.e real and t e cwnar- or ,owner~ Of. the property'
abutting l1pon said streets.within the limits above defined,
and for all persoDS., firms, corporations and estates, their
agents and attorneys,. owning: and_ cl.aimingany interest in, or
otherwise in:~erest"ed in said' property'~ or any of s~id matters
as to the 'assessments and amounts' to be a-ssessed against each
}:areel of abutting property and the real:}~nd true avner or
owners th~reof;,and as to the s})ecial bene:fitsto accrue to
said a butting property by 'Vi1rl;u€ oJ:- said improvements, if any,
or eoncerming any error. invalidity, irregularity or deficiency
in any proceedings or property could appear and be heard in
person or by counsel and offer evidence in ref~rence to said
matters; and said City Commission -did by said ordinance order
and direct the City Secretary o:f said Oit,y to give notice of said
hearing to the real and true owners .Of the property abutting
upon said streets within the limi~s .defined by publication in
some newspaper pUblis1).E;ldin the' City of West Uni varsity Place J
Texas, said notice to 15'e ,published in said newspaper at least
three tims, the f1rst:,publ::i:ca:1i:i:on-ofwhichto be at least ten
days 'prior to the date, ,of said hearing, 'allasprov1ded for in
accordance with Cha-pter~ 106 of' the Aets'ot the' ]~:trst Called
Session of the 40tp. Legfsla. ture()~ ~the .State of -Texas, known ani
shown as Article l105-b, of Vernon~s Annotated Civtl Statutes of
Texas, and- a saddpted by the' 'Oity' of' West- U'ni versi ty Place, Texas;
and
WHEREAS, said notice as ordered and directed by saidOi ty
Commission and as required by said Acts and Ordinances of said - I
City as above identified, has' been- du:ly' given; 'by publication of ~
same i.3 the ,Southwestern News, a newspaper published in the City _ ,.J
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of West University P1aoe, Texas:: on ~ ri.c>~ /~~/
and ' t 1941, o.t 0 eo pu.:g-
lished having included therein ~ l~st.ar all of the ~treets
to be improved as set out in said Eng~neer for the C~ty' s
written report; and,
WHEREAS, the said Ordinm 06 passed the Oity Commission on
, 1941, ordering the notice llor the
hearing benefits, stated that there ~as no railw~y, st~eet
railway, or interurban using, occupy~ng or oross~ng sa~d streets,
or the portion thereof to be improved; and,
WHEREAS, after due, regular and proper mtice thereof, all
as provided by law and the Ordinance of the Oi ty of West
University Place, said hearing, of which notiee was so given,
'was opened and held on " a't '
o'olock p. m., in the Council> Chainber at the City Hall in the
01 ty of West Uni versi ty Place, Texas, in accordance with said
ordinance and notice at which time an opportunity was given
to all of said above mentioned persons, firms, corporations and
estates, their agents and attorneys, to be heard and to offer
evidence as to all matters, in accordanoe with said ordinance
and notice, at which time the follcwing appeared and offered
the follCNling testimoney:
Mr. Nelson Sears, a contractor and builder, engaged in the
construction of home$ in the Oity of West University Place
testified that he has been building homes in the City of West
University Place for some several years and he is familiar with
the valuations of the property in said City. In his opinion the
placement of sidewalks in the front of and along side of, in case
of corner lots, would increase the value of such lots greatly
in excess of the cost of sidewalks.
vVEEREAS, no further parties appearing before the City
Gommission on said date to offer testimony concerning the im-
provement of said streets. and the benefits to accrue therefrom,
or any other matters concerning the. proceedings, upon motion duly
made and seconded, said hearing was cont inued until the '
day of' ,A. D. 1941; and,
WHH:REAS; no further parties appearing and no f'urthertestiinony
being offered on said date, upon motion duly made and seconded,:
s~id hearing was continued until the day of ,
A. D. 1941; ahd,
WHEREAS, no further parties appearing and no further testimony
. being offered on said date, upoh motion duly made and seconded, said
hearing was ordered closed, and the City Attmrney was requested to
prepare the necessary ordinanoe closing said hearing; and,
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WHEREAS, no further parties appearing and no further
testimony being offered as to the speci~lbenefits in relation
to_the .enhan~ed value of the'abut'ting property as compared to
the cost of improving said portions of said streets, cOr as to
any eri'ors, iilvaliditie s or' irreg'Ulari ties- .i-ll- .t.he.- .proceedings
or contract heretofore had in reference to the improvement of
said streets; and,
WHEREAS, at none of said hearings was any objections or
protest raised as to said improvements, .theassessments Or. ,
contract therefor, or as to any of the proceedings in reference
thereto had by the City Commission of any claim that said im-
pnovements did not oreate and constitute a special benefit to
the properties abutting upon said streets, within the limits de-
fined) in excess of the cost of said improvements to be paid
by the respective abutting properties and the true Owners there-
of, ,and against any railway, street railway and interurban using,
occupyiI!K.9r crossing said J?tree.t~.,.Qrany portions thereof to
be improved, and the' real' and true OVlhersthereof;. and,
WHEREAS, said' 'City Coinmissiori. did consider and correct all
errors, invalidities,' or deficiencies called to its attention
and did find that all proceedings' and contracts were' proper and
in accordance with the law and Ordinances of said City and
proceedings of sai'd Cit'y lJommissibn theretofore had' with re-
ference to such improvements and in all respects valid and re-
gular a ndthat the assessments hereinbelow made and Charges
hereby declared against said abuttihg property and the" true
owner or owners thereof are just and equitable and as prodtmtng~
substantial equality conSidering the benefits received and the
burdens imposed thereby; and,
WHEREAS, the fact that the above mentioned streets be-
tween the intersections mentioned is in bad condition and the
same should be improved immediately, and that same is now
being delayed pending taking effect of this ordinance, creates
a public emergency requiring that this ordinance be passed
finally and take affect on the date of its introduction as an
emergency measure; now, therefore,
BE IT ORD1.INEDBY THE CITY COMMISSION OF THE CITY OF \VEST
UNIVERSITY PLACE:
Section 1: That- there beillS no further testimony or pro-
tests for or against said improvements, said hearing granted
to the true owhers of the property abutting upon the streets,
within the limits above defined , be, and the sa~e' is' hereby
closed, an all protests and objections whether specifically
n:e nti oned or not, shall be, and the same are here by overruled
and denied.
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Section 2: That said City Commission hereby finds and de-
termined upon the evidence heard in reference to each and every
parcel of property abutting upon said streets , within the limits
defined, that the special benefi ts and the enhanced value to
accrue to said property and the true owner or owners thereof by
virtue of the construction of said improvements in said portions
of said streets will be greatly in excess. of the amount of the
cost of said improvements, and proposed to be assessed against
said properties, and finds that the levying of the cost of said
improvenents issin accoJ:'dance with'"the law of the state of Texas
and the Ord:il.nances of the ,city of West University Place, Texas, and
that all prQceedings and contracts heretofore had with reference
to said improvements are in all respects regular, proper and valid.
Section 3: That in pursuance of said ordinance, duly
enacted by said City Commission, authorizing and ordering the im-
provement of said above described streets, within the limits here-
inaboveDamed and defined, and in pursuance of said proceedings
heretofore had an enacted by said City Go1TD;!il.ission in reference to
said improvements and by virtue of the powers vested in said City
with respect to said street improvements by the laws of the State
of Texas and the ordinances of said City, with particular reference
to'Chapter 106 of the Acts of the .i11rst Called Session of' the 40th
Legislature of the State of Texas, .known and shown as Article
IIO;-b of Vernon's Annotated Civil Statutes of Texas, and as
adopted by the City of West University Place, Texas, there is, and
shall be hereby levied and assessed against the respective parcels
of property hereinaelow.mentioned abutting upon said streets and
against the real and true owners thereof, 'and against any railway,
street railway and interurban, using,occupying or crossing said
streets or portions thereof to be improved, and the real and true
owner or owners thereof, whether such true owner or OW'ners be
name~ ~orreetly herein or not, the sum of money hereinbelow
mentioned and itemized opposite the description of the respective
parcels of said property, the descriptions of such property, the
number of front feet of eaclI,lindthe' several amounts assessed against
same and the real and true owner Or owners' thereof, the names of
said owners all as corrected and. adjusted by said City Commission,
being as prepared by the Engineer for'the City, and attached
hereto and made a 'part hereof as fully and to the scUn8extent as
though herein written. '
Section 4: BE IT FURTHER ORDAINED: That in the event the
actual f'rontage of any property herein assessed shall be found
upon the completion of said improvements to be greater 'or less
than the number of f'eet hereinabove stated, the 'assessmerit s herein
made against said property and against its true OWner or owners
thereof shall be, and the same is hereby declared to be increased
or decreased, as the case may be, in the proportion which said
excess or deficiency of frontage shall bear to the Whole number
of front feet of property actually improved in accordance with the
f'ront foot rule of assessment herein adopted, it being the intention
that each parcel of property, and the real and true owner or owners
If.!'
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thereof, abutting on said streets shall pay for said improvements
under'the "Front Foot Rule or Plan'!, and it is FORT.Hl!a~ ORDAINED
that upon fiml completion and acceptance of said impr.ovements
all certificates hereinafter ~ovided for, issued to evidence
said assessments against said parcels of ~operty abutting
upon said streets and the true owmr or owners thereof shallbe
issued in accondance with, and shall evidence the actual frontage
of said property and the actual cost of said' improvements, the
amount named in said c~rtificates in no case to. exceed the-amount
herein assessed against such propeDty unless such increase be caused
by an excess of frontage of the amount hereinabove stated, such.
actual cost and such actual number of front feet to be determined
by the Engineer for the City upon the comp+etion of said work, and
the finding of said Engineer for the City shall be final and binding
upon all parties conoerned.
Section 5: That the several sums mentioned atove in
Section 3 hereof assessed against said parcels of property and,the
real and true owner or owners thereof', whethe~ named or correctly
named herein or not, subject to the provisions of Section 4 here-
of, together with interest thereon at the rate of'seven (710)
per cent. per annum and with reasonable att.orney's fee and all
costs and expenses. of oollection, if incurred, are hereby declared
to be and made a lien upon the respective parcels of property
against Which same are assessed from and after the date said
improvements were ordered by said City Commission, ,to wit: ,
. , 1941, and a personal liability and charge
against the real and true owner or owners thereOf, whether or
not such owners be named or correctly named herein and said l,ien
shall be and constitute a first and prior enforcible .claim' against
the property assessed, and shall be a first and paramount lien
superior to all other liens, claims, or titles, except for law-
ful ad valorem taxes; and that the sums so assessed shall be
payable as follows, to wit: In five e.qual installments, the'first
of which will be payable on or before thirty (30) days after the
completion and acceptance of said improvements by said City ,
Commission, the four remaining installments to be due and payable
respectively, three, six, nine and twelve months from and after
said date of completion, and acceptance of said improvements by
said City Commission, deferred paYments to bear interest from said
date at the rate of seven (710) per cent pe~ annum, past due in-
stallments of principal to bear interest at the same rate per annum
until paid, providing, however, that any owner or such property
shall have the right to payoff the entire amount of the assessment,
or any installment thereof, before maturity by payment of principal
and accrued interest to date of said payment; and provtded further
that if default shall be made in the payment of any installment of
principal or interest when due, then the entire'amount of said '
assessment upon which such default is made, shall, at the option
of said " or its assigns, be
and become immediately due and payable and shall be oollectible,
together with'reasonable attorney's fees and costs and expenses b~
collection, if incurred. '
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Section 6: That the City of West University ~lace, shall
not in any manner be liable for the .payment Of any sums hereby
assessed against any property and the true owner or owners there-
Of, but said , shall look
solely to said property and the true C1Nner or owners thereo:ir~ for
piyment of the sums assessed against said respective parcels of
property, but said City shall be obligated to furnish
VALID assessments and assessment
certificates and shall exercise all of its lawful pwwers and aid
in the enforcement and collection of said 'lien and assessments;
and if default shall be made in the payment of any of said swms
herein assessed against the said parcel s of p~operty and the true '
owner or owners thereof, collection thereof shall be enforced at
opt ion of said , or its assigns,
either by suit in any court having juri~diction or by sale of the
property assessed as nearly as possible in therdmanner as may be
provided by law and ordinances in force in said City for the sale
of property for the collection of ad valorem taxes.
Section 7: That for the purpose of evidencing the several
sums assessed against the said parcels of property; the true owner
or owners thereof., and the time and terms of payment, and to aid
in the enforcement thereof, assignable certificates shall be
issued by the City of West University Place, Texas, to
, upon the completion and accep-
tance of the work, Which certificates shall be execut ed" by the
Mayor in the name of the Oity, attested by the City Secretary,
with the Corporate Seal, and shall be payable to
or its assigns, and shall declare the said. amounts and the time
and .te.1;'ms of payment and the rate of interest and date of completion
and acceptance of the improvements for which the certificate is
issued, ahd shall contain the name ~f the true owner or owners as
accurately as possible, and the description of the property by lot
and block number, of front foot thereof, or such other description
thereof as so owned shall be sufficient, or if the name of the
owner be unknown, then to so sta,~e the faet shall be sufficient,
and no error or mistake in describing any property, or in giving
themame of any owner, shall in anywise invalidate or impair the
assessment levied thereby or the certificate issued in evidence
thereof. .
[-
~
,
That the said certificates shall further provide substantially
that if default shall be made in the J;ayment of any installment of
principal or interest 'when due, then at the optrion of
, or its assigns, or the holder thereof,
the whole of said assessment evidenced thereby shall at once be-
come due and payable and shall be collectible with reasonable
attorney's fees and all expenses and costs of collection, if in-
curred, and said certificates shall set forth and evidence the
personal liability of the true owner or owners of such property
whether named or correctly named therein or not, and the lien upon
such property, and that said lien is first and paramount thereof,
superior to all other liens, title and Charges except for lawful
-'--'
:"]1::1::'::::'.::.:1.11.: .
"1= II.
;r,--
202
ad valorem taxes, from an.d after the said date improvements were
ordered by said City Commission, to wit: ,
and shall provide in effect that if default shall be made in the
payment thereof, the same may be enforoedatthe option of
, or its assigns, either. by the
sale of the property therein described in the manner provided for
the collection of ad valorem taxes as above recited, or by suit in
any court having ~urisdiction. '
That said certificates shall further recite in effect that
all the proceedings with reference to ma'king said improvements
having been regularly had in compliance wi th the law and
Ordinances in force in said City and the proceedings of the
City Commission of said City, and that all prerequisites. to the
fixing of the assessment lien against the property therein des-
cribed and the personal liability of its true owner or owners
thereof evidenced by such certificates have been regularly done
and per~ormed, which recitals shall be evidence of the matters and
facts so recited and no further proof thereof shall be required
in any Coo rt .
That said certificates may have coupons attached thereto,'
in evidence of each or any of the several installments thereof,
which may be signed by or with the facsimile signatures of the
Mayor and the City Secretary.
That said certificates shall further provide in effect
that the City of West University Place, Texas, shall exercise
all of its lawful powers, when requested so to do by the holder
of said certificates and may contain other further recitals
pertinent and appropriate thereto. It shall not be necessary
that said certificates shall be in the exaot form as above set
forth, but the substance and effect thereof shall suffice.
Section 8: That all such assessments levied are a per-
soml liability and oharge against the real and true owner or
owners may not be named correctly and any irregularity in the
name of the property o'~er, or the description of any property
or the amount of any assessment, or in any other matter or things
shall not in anywise invalidate or imparr any assessment levied
hereby or any certificate issued in evidence thereof, may::;be
corrected at any time by the City Commission of the City of West
Universi ty Place, Texas. Further, that the omission of the im-
provement in front of any p~rtioular parcel of property abutting
upon said streets exempt from the lien of said assessment shall
in no wise effect or impair the validity of the assessments
against the other parcels of property abutting upon said streets.
That the total amounts against the respeotive parcels of
property abutting upon said streets, and the true owner or
owners thereof, are the same as, or less than, the estimates of
said assessments prepared by the Engineer.for th~ City and
approved by said City Commission relating to said improvement and
~
\
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203'
assessments pherefor and, Wi. th'the terms, powers and provisions
of Chapter 106 of the Acts of the First Called Session ~f the
40th Legislature of the State of Texas, known as Article
1105-b, of Vernon's Annotated Civil Statutes of Texas, and as
adopted by the City of West University Place, Texas, under
which terms, pOiVers and provisions said proceedings and said
improvements were nade by said City Commission.
Section 9: The fact that the above streets between the
intersections mentioned is in bad condition and the same
should be improved immediately, creates a public emergency
requiring that this ordinance shall take effect and be in force
immediately from and after the date of its passage.
A. D.
PASSED AND APPROVED
1941.
this the . 1.7.-tL day of ~ '
~~
ATTEST:
~
Acti J.ty Secretary
'",
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