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HomeMy WebLinkAboutORD 428 - ORD Closing the Hearing for Sec 3 and Sec 5 ITI -, .1. ,.J L.;L,. .. .,. "I . .1 60 ORDINANCE NO. 428 AN ORIDANCE CLOSING THE HEARING GIVEN TO THE' REAL AND TRUE OWNERS OF PROPERTY ABUTTING ON: . SECTION NO.3. UNIVERSITY BOULEVARD FROM THE EAST LINE OF WESLAYAN STREET TO THE. EA.ST LINE OF COMMUNITY DRIVE; AND SECTION NO. 5. RICE BOULEVARD FROM THE WEST LINE OF AUDEN STREET TO THE EAST LINE OF COLLEGE STREET, n i~ AND TO ALL OTHER INTERESTED PARTIES ,AS TO SPECIAL BENEFITS TO ACCRUE TO SAID PROPERTY AND THE TRUE OWNERS THEREOF BY VIRTUE OF THE IMPROVEMENTS, AND AS TO THE ACCURACY, SUFFICIENCY, REGU- LARITY AND VALIDITY OF THE PROCEEDINGS AND CONTRACT IN CONNECTION WITH SAID IMPR9VEllttENTS AND ASSESSMENTS, AND ANY MATTER OR THING CONNECTED THEREWITH; FINDING AND DETER1IA:INING THE REGULA-B.ITY OF ALL PROCEEDINGS AND THE PERFORMANCE OF ALL PRERE~UISITES TO FIXING AND LEVYING THE ASSESSMENT LIENS AND THE PERSONAL LIA- BILITY OF PROPERTY OWNERS; OVERRULING AND DENYING ALL PROTESTS AND OBJECTIONS OFFERED, EXCEPT AS TO PARTICULltR CASES MENTIONED; FINDING AND DETERMINING SPECIAL BENEFITS TO EACH PARCEL OF PRO- PERTY AND THE OiVNERS THEREOF BY REASON OF SAID IMPROVEi"lENTS IN EXCESS OF THE AIvtOUNT OF THE RESPECTIVE ASSESSMENTS AGAINST SAME; . LEVYING ASSESSMENTS; FIXING A CHARGE AND LIEN AGAINST THE RES':' PECTlVE PROPERTIES ABUTTING,ON THOSE PORTIONS OF SAID STREETS TO BE IMPROVED AND AGAINST THE TRUE OWNERS THEREOF FOR THE PAY- I;J MENT OF PART OF THE COST OF THE IMPROVEMENTS WITEIK 1'HE LIMITS DESCRIBED; PROVIDING FOR THE ISSUANCE.: OF ASSESSMENT CERTIFICATES AND THE MANNER OF THEIR COLLECTION; AND DECLARING AN EMERGENCY. WHEREAS, the City Commission of the City of West University Place, Texas, has heretofore, by Ordinance No. 371, duly and regularly passed and approved April 20, 1948, determined the necessity for and ordered)the im- provement of portions of certain streets in the City of West University Place, Texas, including the following, to-wit:c . SECTION NO.3. UNIVERSITY BOULEVARD from the East line of WeslayanStreet to the East line of Community _Drive; and SECTION NO.5. RICE BOULEVARD from the West line of Auden Street to the East line of College Street, in accordance with plans and specificationsprepar~rl by the Engineer for the City, and approved by the City Commission in said Drdinance, by the construction upon said portions of said streets of a reinforced concrete pavement with monolithic curbs and appurtenances and incidentals to such improvements, all as more specifically shown by said plans and specifi- 'cations; and which improvements were divided and segregated into separate and segregated sections as hereinafter set forth; and 1JIJHEREAS, pursuant to advertisement therefor sealed bids were duly and regularly received and examined, and pursuant to report and recom- 1 LJ ::.---..... 61-' mendation by the Engineer for the City, and after appropriation to cover the estimated cost to the City of such improvements, all as provided by the Charter of said City and by law and in full compliance there,nth, said City Commission of the City of West University Place, Texas, did by its Ordinance No. 415 duly and regularly passed and approved October 11, 1948, award a contract for the construction of said improvements on the above and hereinafter described Sections 3 and 5, to RUSS MITCHELL, INC. on its lowest secure bid, which contract, and certain addenda and amendments there- to, have been heretofore fully executed; and Al .. WHEREAS, upon examination of the'estimates of costs of said im- provements and of the various portions thereof theretofore prepared by the Engineer, as earlier required, said City Commission of the City of West University Place, Texas, by its Ordinance No. 425, duly_and regularly passed and approved October 25, 1948, ordered that a hearing be given to all owning or claiming any property abutting upon any of the respecti,ve portions .of the streets therein and herein set out, and included within any of the designated Sections 3 and 5, and to all owning 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 pre- requisite, and as to the amounts of the proposed assessments, the lien and liability thereof, the special benefits to the abutting property and owner thereof by means of said improvements for which assessments are to be levied, and as to the accuracy, s~fficiency, regularity, and validity of the pro- ceedings and the contract in connection with such improvements and pro- posed assessments, and concerning any other matter or thing as to whi9h they are entitled to a hearing under the laws,uof Texas, and the Charter of the City of West University Place, Texas, with the right and opportunity to contest the amounts of the proposed assessments and all other such matters and,things; said heariqg to be held by and before the City Commission of the City of West University Place, Texas, at 7:30 P.M. on November 19, 1948, in the City Hall of said City, at which time and 'place all of such parties might appear and be heard on all such matters; said Ordinance further or- dering and directing the City Secretary to give notice of said hearing by public advertisement thereof, as therein s~ecified, in accordance with the law and the Charter and Ordinances of the City of West University Place, Texas; 'and .. WHEREAS, sai~notice, as ordered and directed by the City Commission and as required by the terms and provisions of Chapter 106 of the Acts of the First Called Session of the 40th Legislature of the State of Texas, commonly known as Article 1105(b), Revised Civil Statutes of Texas, 19~5, heretofore adopted by the City of West University Place, Texas, in and as a part of the Charter of said City, and as required by the Charter and Ordinances of said City, has been duly given by advertisement thereof by publication of same in the Southwestern Times, deSignated as the official newspaper of the City, on November 4, 11 and 18, 1948;' and by publication of said Notice on November 1, 11 and 15, 1948, in the Daily Court Review published in Houston, Texas, being the nearest ~o the City of West University Place, Texas, of general circulation in Harris County, wherein said City is located; said notice so published having described the nature of the im- provements for which assessments were proposed to be levied and to which such notice related, having stated the highways and the portions thereof to be improved, the estimated amounts per front foot proposed to be assessed. :J::E"" I' I, T::-;I... r. i. .:r... :.:...: .~ 52, . . against the owners of abutting property, and such property on such high~ way and each respective section thereof with reference to which the hearing mentioned in said notice was to be held, and having stated the estimated total cost of the improvements on such highway and each of the segregated sections thereof, and having stated the time and pl~ce at which such hear- ing should be held, and said notice having given additional information and having, in a11 respects, fully met and complied w~th all provisions of law and of the Charter and Ordinances of said City requisite or perti- nent thereto; and , :J w~EREAS, at said hearing, of which such notice was So given, testimony. and evidence was given by the Engineer for the City, and by real estate experts familiar VQth the proposed improvements, the respective properties on the above and hereinafter stated sections of the streets to be improved, and the present condition of the existing streets, and numerous ppoperty owners and other parties interested in the proceedings appeared and made statements and gave testimony; and at said hearing, all parties desiring to be he~rd concerning any of the matters hereinabove and in said Ordinance No. 425 and in said notice mentioned, and as to ~ny other matters connected with said proceedings, and concerning any other matters or things ,with reference thereto, having been heard and their statements and evidence duly and fully considered; and said City Commission having heard evidence as to the sp~cial benefits of and to said abutting properties, and each parcel thereof, and to the re~ective cwners thereof in the enhanced value of said respective properties by means of such improvements, and said City Commission having heard and considered the evidence and having given a ' full and fair hearing to all parties appearing or desiring to appear; and having determined at such hearing said special benefits as aforesaid; and having determined that there is "not to be assessed against sa~ a- butting properties and the respective owners thereof more than all the cost of constructing curbs and 9/10thsof the remaining cost of such im- provements (exclusive of intersections), as shown on the estimate of the Engineer for the City; and having determined that the Front Foot Plan or Rule is just and equitable except in particular cases wherein, in the opinion of the City Commission, the application of such rule would result in injustice or inequality, and in each of which 'particular cases the City Commission has apportioned and assessed the costs of such improvements in proportions found and now declared by it to be just and equitable, having in view the special benefits in enhanced value to be received by su~h re- spective parcels of property and the owners thereof, the equities of such owners and the adjustment of such apportionment so as to produce a sub- stantial equ~lity of benefits received and burdens imposed, each of which adjustments and apportionments have been taken into consideration and made in the assessments hereinbelow set forth; and said City Commission having determined ,that the application of said Front Foot Plan or Rule and the apportionments in particular cases do produce a substantial equality of benefits received and burdens imposed, and having determined at said hear- ing that the assessments 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 instancetne assessment made against any parcel of property and its o~ner is less than the special benefits to said property and the owner thereof by means of said improve- ments, and that, with the exception of apportionmnets and adjustments in particular cases which have been granted and allowed in determining the amounts of the, assessments hereinbelow made, all other objec~ions and protests should be overruled and denied; and J n . '.(. ..! - '63, -_J WHEREAS, all proceedings with reference to the making of the im- provememts hereinabove mentioned have been regularly had and duly and le- .gally taken and performed in full complianc~ with the law and the Charter and Ordinances of the City of West University Place, Texas, and all pre- requisites to fixing the assessment lien against the properties herein- after listed, and the personal liability of the respective owners thereof, have been performed, and upon completion of each respective separate and segregated section into which the ~ork has been d~vided, and upon the ac~ ceptance thereof by the City of West University Place, assignable certi- ficates shuuld be issued in evidence of said assessments and liens, and the personal liability of the"true ovmer or owners of the respective pro- perties, whether correctly named or not, all as provided by law and by the Charter and Ordinances of the City; N OVv, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: Section 1. That there being no further testimony or evidence or protest, for or against the improvements heretofore ordered, ,at said hearing granted to the true owners of properties abutting upon: SECTION NO.3. UNIVERSITY BOULEVARD from the East line of Weslayan Street to the East line of Com- munity Drive; and SECTION NO.5. RICE BOULEVARD from the West line of Auden Street to the East line of College Street, and within the limits above defined, and upon any of the respective portions of said streets included ~~thin any of the designated sections as hereinafter stated, and to all 'mvning 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 finds and determines and so declares that each of the steps and proceedings hereinabove mentioned, and all proceedings with reference to the making of the improvements on: SECTION NO.3. UNIVERSITY BOULEVARD from the East line of Weslayan Street to the East line of Com- munity Drive; and SECTION No.5. RICE BOULEVARD from the West line of Auden Street to the East line of College Street, as herein stated, have been duly, legally, and regularly had, taken and performed in full compliance with the law and the 'Charter and Ordinances of the City of West University Place, Texas; that all prerequisites to the making of the above mentioned October 11, 1948, contract, and addenda thereto, executed on behalf of the City, pursuant to Ordinances passed and approved October 11, 1948, and October 25, 1948, and all prerequisites to the fixing of the assessment lien against the respective properties herein- after listed, and the personal liability of the respective owners thereof, whether correctly named or not, and 'vhether known or unknown, have been, in :J:J:::'""""'1 ,", . '---=- - -':;..:l~ ;- h ;. ..r . :~_". .:"'I 54~ . ' all things, met, performed and complied with; that all persons inter_eated have been given a full and fair hearing on ,all matters and things in cop.- nection with said improvements and assessments; that there is not to be i,'l assessed against the abutting properties and the owners thereof more than all the cost of curbs and 9/10ths of the remaining cost of such improve- U ments(exclusive of intersections), as shown on the estimate of the Engi- neer for said City; 'that adjustment and apportionment of costs among all properties and the owners thereof have been made-in full compliance with the law and with the Charter and Ordinances of the City, so as to pro- duce a substantial equality of benefits received and burdens imposed; and that the special benefits to each parcel of property and the_owner there- of in the enhanced value thereof by means of said improvements, as deter- mined 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 fixed against said properties and their owners, are, in all things, just and e~ quitable; and that all protests and objections, other than those taken in- to consideration in fixing the amounts of the assessmen.ts and liens, as hereinafter stated, and whether specifically herein mentioned or not, should be, and the same are hereby, in all things, overruled and denied. Section 1. 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 October 11, 1948, contract ~nd addenda thereto, and the estimates, reports, lists and statements of the Engineer for the City, and pursuant to the notice and hearing hereinabove mentioned and by virtue of the powers conferred by, and the provisions of, the above mentioned r-l Chapter 106 of the Acts of the First Called Session of the 40th Legislature I \ of the State of Texas, commonly known as Article 1105(b), Revised Civii L-J Statutes of Texas, 1925, heretofore adopted by the City of West University Place, Texas, in and as a part of, the Charter of said City, does hereby fix and determine and does hereby levy and assess against the respective properties abutting upon the above and hereinafter stated sections of the highways and the portion or portions thereof heretofore ordered improved and against the real and true owners thereof, whether hereinafter correctly named or not, the respective amounts hereinafter set opposite the names of the respective apparent owners and the descriptions of the respective properties. The improvements heretofore ordered having been heretofore divided into separate, segregated and independent sections, each wholly un- related to the other, the assessments and liens hereinafter set forth are made separately section by section with the assessments and liens in each section separate'and segregated from and wholly unrelated to the assess- ments and liens in each other such section; the respective separate and segregated sections of the streets to be improved, and as to which con- tract has been awarded and the above hearing held, and assessments here levied, being as fol16ws~ to-wit: SECTION NO.3. UNIVERSITY BOULEVARD' from the East line of Weslayan Stree4 to the East line of Com- muni ty Drive; and SECTION NO.5. RICE BOULEVARD i'ro~n the West line of Auden Street to the East line of College Street. 1\ IJ the properties and apparent ovmers thereof and the assessments levied against each, respectively, are as follows: ~, fl5' For improvement of University Boulevard, Section No.3, 30 feet wide, from E. L. Weslayan to E. E. Community Under October 11, 1948 Contract with Russ . Mitchell, Inc. Contractor. Cost per linear foot for paving with, monolithic curb $6.00 ,and $4.50 as directed by Ordinance No. 425. I ~ Henr~ J.Johnson - Engineer for City NORTH SIDE Property Owner . Block No. Addition Lot No. Frontage Britten Lee Henderson et ux Blanche Sula Henderson 1 Leslie Hobson Nane et ux Anna Nane 1 Louis Park et. ux Sybil Park 1 Gordon R. King et ux . Edna H. 'King 1 . Charles R. Errnnert et ' ux Jewel G. Emmert 1 James F. Daniel et ux Ruby Daniel 1 Frank E. Bonniwell et. ux Lillian Bonniwell 1 George B. Murray Jr. ' et ux Mary L. Murray 1 Delbert Ray Waggoner _ et me 'Imogene Waggoner 1 R. B. Magruder et ux _ Ruth E. Magruder 24 Robert E. Bussard et ux Kathryn Bussard 24 Ray Scott et_ux . . Faris 'Scott 24 Joseph G. Seale et ux Geneva D. Seale 24 1. C. - """[".:.I. _I Matthews Place 10 It 11 n 12 It 13 It 14 It 15 It tt It Colonial Terrace It It It 'I 55.10 56.0 56.0 56.0 56.0 56.0 16 56.0 17 56.0 18 56.0 13 58.84 12 50.0 11 50.0 10 50.0 .... L ...l.( Fr't Ft. Rate Total . 6.00 6.00 6.00 6.00 6.00 6.00 6.00 6.00 6.00 6.00 6.00 6.00 6.00 330 " 336 336 , . 336 336 336 336 336 336 353 300 300 300 60 00 00 00 00 00 00 00 00 04 00 00 00 67' . SOUTH SIpE .. .. .. ~. ---. - ~ - - . - -, Block ,Front- Fr't Ft. Property Owner No. Addition Lot llo. age Rate Total , --' E. E. Christiansen et College uxTeckla Cristianaen 34 View 4th 10 less S.14' 50.0 6.00 300 00 Chris Bertelsen et ux Anna Bertelsen 34 tt 9 50.0 6.00 . 300 00 Richard G. Wright et ux Bdna Wright 34 " 8 50.0 6.QO 300 00 Mary Katherine Staats 34' 50.0 6.00 F/S n 7 300 00 T. E. Richards Jr. et "- ux Cordelia.Richarqs 34 n 6 50.0 6.00 300 00 Avice M. Young et ux Barbora Ann Young 34 It 5 50.0 6.00 300 00 George Hall Baker et ux Ida Belle Baker 34 It 4 50.0 6.00 300 ' 00 George C. Chambers et ------, ux Thelma Chambers 34 " 3 & E. 30' of 2 80.0 6.00 480 00 : George C. Chambers et W. 20' of 2 ux Thelma Chambers 34 " & Lot 1 70.0 6.00 420 00 Wilbert A. Obenhaus et ux Dorothy M. Colonial Obenhaus 25 Terrace 14 58.78 6.00 3.52 68 Robert L. Byrne et ux Enuna Byrne 25 " 15 & 16 100.0 6.00 600 00 John Wiley Evans et ux &nna Lou Evans 2.5 " 17 50.0 6.00 300 00 John, Wiley Evans e1; ux Emma Lou Evans 25 n 18 50.0 6.00 300 00 . Joe P. Wallace et ux ,- - -1lelda Wallace 25 tt 19 50.0 6.00 300 00 " R. J. Haase et ux Lucille G. Haase 25 II 20 50.0 6.00 300 00, Charles A. Borton I et ux Loudelle Borton 25 " 21 .50.0 6.00 300 00 William E. Pitts et' ux Helen M. Pitts 25 " 22 55.0 6.00 330 00 ]Ti"11~~ . .. ..[ JI..!.. r.; ..1. .:.... ,~ 3'8 " , , ' Block Front- Fr't Ft. Property Owner No. Addi tion , Lot 'No. \ . Age I Rate Total William, Edgar Percy. Jr. il etux Mary mce Percy .,2, . CO::Lonia1' 23 ".0 6.00 330 00 Terrace i I Douglas B. Williams et J_____ ux Anna J(ae ,Williams 2, 'n 24 & 25 110.0 6.00 660 00 Vern H. House et ux Agnes ,E. House 2, . n 26 60.0 6.00 , 360 00 Ray E. Hulmes et we lIargaretL. "Hulmes ' 11 It 13 51.3 .6.00 307 -80 Joe Milton Carsey et ux Carrie Bess' Carsey' 11 " 14 ,0.0 6.00 300 00 Freda Westheimer and Bertha Westheimer 11 n 15 50.0 6.00 300 00 Walter W. Bond et we Opal Bond 11 " 16 50.0 6.00 300 00 Norman M. Hulings, Tr. 11 II 17 ,0.0 6.00 300 00 Al Karchmer et we Eva Karchmer 11 " 18 ,0.0 6.00, 300 00 Fee Title in: C. W. Il Jackson, Subject to I I ,~ Lease and option tQ ,purchase in favor of J. R. Lee 11 " 19 ,0.0 6.00 300 00 Arvi1e. West et we Hazel A. West 11 .. 20 ,0.0 6.00 300 00 - Rollin C. Chambers.et ux Margaret B ~ Chainbers 11 " 21 . 50.0 6.00 300 00 / ....' TOTAL NORTH SIDE 1,640.08 1,643.24 $9:,840.48 9,859.44 TOTAL SOUTH SIDE TOTAL SECTION NO.3 3,283.32 19,699.92 .. 'i 1 I U 69 For improvement of_Rice Boulevard, Section No. 5; 31 feet wide, from W. L. Auden to E. L. College Under October 11, 1948 contract with Russ -- , Mitch~ll, Inc. Contractor. Cost per linear front foot foz: paving with monolithic curb $6.00 and $4.50 as directed by Ordinance No. 425. ~. Henry J. Johnson - Engineer for City SOUTH SIDE' Block Front- Fr't Ft. Property Owner No. Addition Lot No. age Rate Total R. Spence Taylor et College ux Olive Taylor 15 View 3rd 1 60.0 6.00 360 00 Carl S. Smith et ux _ Dorothy Smith 15 It 2 57.2 6.00 343 20 Norman Atkinson, Jr. et ux ThelmaJ. Atkinson 15 It 3 50.0 6.00 300 00 R. L. Smith et ux Erma Smith 15 It 4 50.0 6.00 300 00 Milton H. Collum et ux Jani_e L.Collum 15 It 5 50.0 6.00 300 00 -----, Wyatt Walker et ux Janie G. Walker 15 " 6 50.0 6.00 ,300 00 / C. ,E. Lal4aster 15 " 7 50.0 6.00 300 00 Harris H. Johnson et ux Lois P. Johnson 15 It 8, 50.0 6.00 300 00 Jack S. Dannels et ux Yvonne Dannels 15 " 9 50.0 6.00 300 00 City of West University Place 15 n 155'x200' in A. C.Reyno1ds Survey Abstract N,o. 61 155.0 ' 6.00 930 00 TOTAL SOUTH SIDE 622.2 $3,733.20 .4 . T.I:L:I,I L .."-- I:__.I... r -. _,.1-. ,.~. -..._ ..:I - _... rn \. NORTH SIDE Pro perty, Owner Block Addition Lot 'No. " FrQnf,- Fr't'Ft. Total _ No. _ age _ Rate 0 Martin H.-Kieschnick 4 Sunset f 4 155 4.50 697 50 Terrace 3rd'" Ernie F .Schnepel et ux Wilma Schnepel 14 College 10 50 6.00 300 '00 View 3rd Elizabeth K. Alexander Widow 14 .. 11 50 6.00 300 00 - - .- - - - EugeneL. Kennedy et lpC Essie Kennedy 14 n 12,& 13 100 6.00 ' 600 00 - Harry W. Wilk Jrf. et 14 6.00 me Betty H. Wilk n 14 50 _300' 00 E. L.Navaratil et ux JoyceL. Na~ratil 14 tJ 15 & 16 100 6.00 600 00 ," Pauline Wiedman FIS 14 It 17 57.2 6.00 343 20 F .H. Wiedman .;' Single 14 Jt . 18. 60 6.00 360 00 '" '\ TOTAL~NORTH SIDE 622.2 $3,$00.70 I J TOTAL SOUTH SIDE 622.2 3,733.20 TOTAL SECTION 5 1244.4 7,233.90 . c>">- ,,___ " .- .' , " Section 4. That said several ~ounts' herein assessed, t,ogether with , interest,- expense/ of collections' and reasonable attorney's fees, if incurred, shall be and the same, are hereby. declared to.be a first and prior lien on ,and against said respective abutting properties, which lien shall'be superior to all other liens andclai.J.Jls except State, County, and City ad valorem taxes; and said amoun;ts-sp assessed, together with said other items, shall be and the same are hereby.deeiared to be personal liabilities and charges against the , 'true'o..mers of, said prope-rties , respectively, whether correctly named or not, all as provided in. an:d by said Article 110$(b) of Vernon's Annotated Civil' Statutes of Texas; and such assessments and said other items' shall be collec- tible and the liens enforceable in any court having jurisdiction; and 'shall be a personal,liabi~itry and charge against the said owners of the property asses- sed; that said sums so assessed s~ll 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' ~lace, arid another installment to be due and payable on the lJ 7t respective dates in 1, 2, 3, 4, 5, 6, 7, 8 and 9 years, respectively, after said date of such acceptance, with interest on the respective sums so assessed, and each installment thereof from said date of acceptance, at the rate of five per cent (5%) per annum, payable annually, and with interest on principal and interest after the respective maturity dates at~ight per cent (8%) per annum, provided", however, that the assessments so levied and the certificates to be issued in evidence thereof against properties on the respective segregated sections, as hereinabove set out, shall date from, and be issu~d'asof, the date of the completion of the improvements on each respective section, separ- ately, and the acceptance thereof be said City; and provided further, that, in the event of default in. payment of any installment~,of any such assessment and certificate when due, whether of principal or interest, the whole of such ,assessment and certificate may be matured and declared due at the option of the holder thereof; provided, further that said respective property owners shall have the privilege of paying anyone or more of said installments before their maturity, by payment of principal and interest thereon. . Section I). That for the purpose of evidencing said assessments, the liens securing same and the several sums payable by said property owners and ,the time and terms of payment, and to aid in the enforcement thereof, assignable' certificates shall be issued by the City of West University Place to the Contractor, or assigns, upon completion and acceptance of each respective segregated section of said improvements, which certificates shall be exe- cuted by the Mayor and attested by the City Secretary, with the corporate seal affixed, and shall be payable to said Russ Mitchell, Inc. or assigns; said certificates shall declare the said amounts, and the time and terms of payment thereof, the rate of interest payable thereon, the description of the respective properties against which the aforementioned assessments have been levied, sufficient to identify same, and same shall contain the name of, the apparent owners thereof. Said certificates shall further set forth and evidence the asses- ments levied and shall declare the lien upon the respective properties and the liability of the true owner or owners thereof, whether correctly named or not, and shall provide that if default be made in the payment thereof, , same shall be enforced by a suit in any court having jurisdiction. And the said certificates shall further provide that if default be made in the payment of any installment of principal or interest thereon when due, then at the option of said Russ Mitchell, Inc., or assigns, being the owner and holder thereof, the whole of said assessment shall became at once, due, and payable and shall be collectible' with, interes.t, expense or collection and a reasonable attorney's fee, if incurred. Said certificates shall.further recite that the proceedings with reference to making the improvements therein referred to have been regularly , had in compliance with, the law and the, Charter of . the City of, Wes~t, Uni versi ty Place, and that all prerequisites ;to the fixing of the assessi.Jientlien against the property described and the personal liability of the owner or owners thereof have been }:erformed, which recitals shall be evidence of all the matters recited in s~id certificate and no further proof thereof shall be . required. Section 6. That the City of West University Place shall not be liable in any manner for the payment, of any sum hereby assessed, but said -1:rr-,I- ~. ....1-.- -.- .:"__1... _.. ,~._ ;. .:.r _" ...::.:"n_. _.:!- - " 12' City shall exercise its'Gharter powers and the powers conferred upon it by law when requested so to do by the holder of said~ certificates, to'aid in the collection thereof. Section 7. The fact that the portions of the streets herein de- fined are in need of improvement as promptly as possible creates a public emergency and, therefore, this Ordinance shall be passed finally on the ~'dateof, its intz;oduction this, the' 19th day of November ,A. D. 1948, and shall take effect immediately upon its passage and approval by the Mayor. PASSED this 19th day of November, A. D. 1948. ./ ,Commissioners Buschardt, Hamlett, Holman and Mayor Lanmon voting aye. None - voting no. APPROVED thi's 19th day of November, A. D.' 1948. ATTEST:' ' ~~~ ,'> ,:gtary " .-- . . '- ,----. I ~ ;l I,~-, (I , I U