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HomeMy WebLinkAboutOrdinance - 283-1925 - Improving Portions Of Broadway Street. - 01/11/1925. } , THE STATE OF ~EXAS 0 . . COUNTY OF 1ill3BOCK 6 - On this, the J 1 dey of January, A. D. 192 5, the City Commission o~of Lubbock, Texas, convened in • session in the regular meeting n~f , in the City Hall , all members the ecf, to-wit: --~~~~~~~~~~-------City Attorney, --~~~~~~~~~~~-----City Secretary, fo 11 owing ord inane e : "ORDINAUCE CLOSIUG HEARING AND LEVYING '' AS JES Sl.IE:NT S FOR A PART OF ~tiE C 0 ST OF n ;:.1w VIl~G. POR'J:I OriS OF BROAD\1AY STREET, Alm su:mRY OTHER STREETS &'ill PL PC ES Il! THE CITY OF L 1JBBOCK , TEXAS , .MID PROVIDilm Rm TH~ COLLECTION OF SUCH ASSESS!.c;JTS, AND FOR T~ ISSUANCE OF AS .:IG:fABLE CERTIFICATE S IN EVIDENCE T1XEREOF". Commissior,er ~ moved that the ordinance be plat}e'4 itSffist reading, seconded by Commiss iOlier ~~ , and carried by the :follow lug vote : AYE: • ;w: None. Carried: Placed on first reading. Cor.unissi oner ~~ mowed that the ord inane e pass first reading, sec~ by Commissioner.cLd +4 4 , and carried by the follo~·;ing vote: AYE: !!)J;i;;;z ~ CJJ ~ iW: None. , Carried: Ordinance passed first reading. "\ -J.- AYE: .NO: none, Carried : ~rd ina r.c e placed on sec ond reading. ec>mmissianer~ ~ moved that pass second reading, a~ Commissioner ~~~~~---­ -------' and carr ed by the fo l lowing v AYE:~-_ lt<J . .Q,~ NO: None. Carried: Ord inane e passed on second readi .g. moved that the ~~~~~~--~~--~---~1-ng; seconded by ~~~~~~~~~~~---------' and carried AYZ~ ~W: Uoue. Carried; Ordinance placed on third reading. AYE; .ao: None, that the third and Carried; Ordinaooe passed on third and final reading. :Utayor :J-/2 SJ.~ , then declared the ordi r.ta me finally passed. ~ The or d inane e follows: -2 - BROADWAY AliD AVENUS "Q" SPDCI.AL FORU NO. 10, LUBBOCK. ORD ll~AHC E CLOSING HEARI:JG A:ID LEVYING ASSESSMENT3 FOR A PART CY THE COST 0]' IMPROVING PORTIONS OF BROADWAY STREET, AND SillillRY OTHER STREETS AND P:..ACES lli THE CITY OF LUBBOCK, TEXAS, AND PilO- VIDIUG FOR THE COLLECTIOn OF SUCH ASSESS I1 IE!~~S, A:ID FOR THE ISSUANCE OF ASSIGNABLE C.ERTIFICATES In EVIDENCE TRERIDF. \vnEREAS, the City of Lubbock has heretofore ordered that the below mentioned portions of streets and public places in said Ci~ be improved by raising, grading, filling, and paving same, and installing curbs ami gutters and otherwise, w1d ocntract for the making and con struction of such im~~ovements, including paving with verticle fibre bric ~c , was let to and entered into with P anhandle Con- struction Company, said streets ru1d places being as follows, to-wit: BROAD '.VAY STREET, from its intersection with the (.~ property line of Avenue ··p·• to its i n tersection with the f.&a: property line of Avenue e "t.c..:• , Kii own as District or Unit No . 2o..., ~t";""h-e--"l"t_y_p_e_o"?.'f pavement to be 2~ inch Vertio ar- Fibre Brick on Concrete foundation, with 20 foot parAway in the middle. :SROAD11AY STREET, from its intersection with the Lca_4= pro per ty 1 in e of' Avenue "CA.'' to its intersection with the ~ property line of Avenue '1. , known as Jis trio t or Uni1? Nc . -'"""'!3~--. -t,-:h-€---:-t-y-:pe of pavement to be 2t inch Vertical Fibre Brick on Concrete foundation, with 20 foot parkway in the middle. AVEHUE "Q", from its intersection with the South property line of 6th Street to its intersection with the North property line of l!ain Street, and from its intersection with the South T')ro:perty line of Main Street to its intersection with the North property line of Broadway Street, known as District or Unit No. 18, the type of pavement to be Vertical Fibre Brick on natural foundation. AVENUE nQ", from its intersection with the South property line of Broadway Jtreet to its i n ter- section with the North property line of 13th Street, and from its intersection with the South property line of 13th Street to its intersection with the North property line of 19th !Street, known as District or Unit Ilo. 19, the type of pavement to be Vertical Fibre Brick on natural foundation. a n d, ./HEREAS, the City Engineer prepared rolls or state- -1- ment for the improvements in each unit, shewing the amounts to be assessed against the various paraels of abutting property and the owners thereof, and showing other matters and things, and same were examined by the Board of Commissioners and approved and a time and place was fixed for hearing to the owners of such abutting property and to all others lll anywise interested, and due and proper notice was given, and such hearing was had and held at the tiple and place fixed therefor, to-w! t, on the 3 I /.#, day of , 192 ..~-, at 3: o o'clock, P M., in the · -, in the City of Lubbock, Texas, and a c earing a1 de- siring to be heard were fully and fairly heard, and evidence was received and considered and all protests and objections made were considered, and said hearing was in all respects held in the rrnnner provided and required by the Charter aud law in force in this city and by the proceeding.s of .the 01 ty with reference to such liB tters, and the following protests were made concerning the improvenents in the Unit indicated, namely: fronting , Unit No. ~--- ~~----------------------.' ow feet on Street, , protested on the ground ---- , owning pro per ty fronting '"l11fr-e-e-:t-o-n---------~::> treet, in Block , Un i t ~,o . ___ , pro tested on the ground that ~~------------='owning property fronting_--.-...--~ feet on Stree:t, in Blook • Uuit ~T o. ___ .. protested on the ground that • and all objections and protests made were fully considered and a aid hearing was continued from day to dey and from time to time until this date and the Board having fully ani fairly heard e:Ll par ties rooking any pro test and all parties desiring to be heard. and having fully considered ell matters presented for consideration, am having fully considered all the evideroe, aHd all pertinent and proper matter~,is of opinion that the following disposition should be made of such protests and ob j ections, and thAt assess- ments should be made as herein ordained: THERE?ORE, B3 I~ ORD.~:~.Il1ED BY THE Cl TY OF :UUB B OC.K, TEXAS: THA'.C, -I- All protests and objections , whether. herein specifi - cally mentioned or not, sh ~ll be and the same are hereby c verrule d and the s a id hear ing with res pee t to each and all of said Units is hereby closed . -II- The Board of Commissioners from the eviden.ce finds tha t the assessments herein levied sh• 11 be made and levied against the respective parcels of property abutting upon the said portions of streets and against the o·.-mers of such property, a11d that such assessments ?.re ri g h t ; n d proper aud esta.blish substantial justice 13-nd equality and uni- formity between the r espec ti ve o v'lrJ.er s and r espe c ti ve Qroperties. and between all parties concerned, considering benefits received and burdens imposed, and further finds that in e "'ch case the abutting property assessed is spe- cifically benefited in the enhanced value thereof by m·eans of the imT)r ovement in the Tlni t upon which the par.ticular property abuts and for which assessment is levied, in a 3um in excess of the assessment levied against srune by this ordinance, and further finds that the apportionment of the cost of tue improvements is in accordance with the 1 aw and Charter in force in the city, and is in accordance with the proceedings heretofore ta~en and hed with reference to such improveme!1ts ru .d is in all respects valid and regular. -III- Tho. t there shall be and is hereby levied and assessed against the parcels -:f property hereinbelow mentioned erxl against the real and true owners thereof , whether such owners be correctly named herein or not , the sums of money belov-· mentioned and itemized shown opposite the description o:f the res ~eotive parcels of property; the descriptions o:f such pro per ty •· the several amounts assessed o.painst sa.me, and the owners thereof. being as follows ; (:a:ere insert comple t e c.opies of the Engineer's rolls or statements as corrected, if o.:JY corrections are made, be i.l:..f sure to correct the na mes wfierever there has been any error , descriptions and amoun ts wherever there ht.ls been t.~ny error, as well as all other errors .} _.,_ That the assessments so levied are for the improvements in the p;~.rticular Unit upon which the pro erty described abuts .. and the assessme11ts for the imprcvements in one Unit are in no wise related to or connected with the improventents in any other Un it, and in ms.king assess- ments ru1d in holding said hearing the amounts assessed for improvements in one Unit have been in no wise affected by any faot in any wise connected nith the improvements, or the assessments therefor, in any other Unit, a11d in making such assess100 nts the cost of storm sewers is not incl uded in the sums assessed. -IV- That the several sums above rnent icned assessed a£>. a in st said parcels of property and against the real and true ow n ers thereof, and interest therecn at the rate of sf.; per v annum, t 4 gether with reasonable attorney's fees ~nd costs of collection , if incurred. are hereby decl e red to be and made a lien upon the respective parcels of property against which the same are assessed, a n d a personal liabili -cy and charge against the real and tru.e ownE-rs therecf ,, whether or not such owners be correctly named herein, and such lier~s shall be and cons ti tu te the first enfcrcible claim against the property assessed, and shall be a first and Jaramount lien , superior to all other liens and claims, except 3tate, County and r:uhic ipal taxes. and the sums so assessed shell be payable as follows, to-wit: In six equal installments, the first payable on or before thirty (30) days after the completion and acceptance by the said City of the improvements in the block upon which the particular property abuts; the second in- stallment due on or before one (1) year from said date of completion and acceptance, the third installment due on or before two (2} years from the date of such completion and aoo eptance; the fourth installment due on or before three (3} years from the date of such c o mpletion and acceptance; the fifth installment due on or before four (4} years from the date of such completion a~nd acceptance; and the sixth (6) installme lit due on or before five (5) years. from the date of such completion and acceptance; and such e.ssess me1 .~ts shall bear interest from the date of such completion and e.cc eptance at the rate of eight per cent per annum, payable annually with each installment, so that upon completion and acce ~tanoe of the improvements in a particular block assessments against the property abutting upon such co mpleted and accepted block shall be and become due and payable in such ins tallments and with interest from the d a te of such completion and acceptance, provided that any ow ner shall have the right to JSY the entire assessmen t, or any i n stallment thereof' ... before maturity by payment of princip al and accrued interest, and provided fu ~ther that if default shall be made in the payment cf e.ny installment promptly as the same matures, then the entire a mcunt of the assessme n t upon which such default is made shall, at the option of l?anhandle Construction Codmpar~,b~r itsda~~igus~ be ~o.d beo~e ~mmediatelybdue an pa.ya le. an till a r~ oe collectli>.Le Wtth reasonP le attorney's fees and costs of collec t ion , if incurred . -V- The City of Lubbock shall net in any manner be -4- ' ' lia.ble for the payment of any sums hereby assessed again:; t ar~ property and the owners thereof,.but said Panhandle Construction Com~ny shall look solely to said property and the owners thereofr for payment of the sums assessed a.gains t the r espeo ti ve parcels o:f property; but said city shall exercise all of its lawful powers and aid in the enforcement and oollecti on of said liens and assessments, and if de:faul t shall be made in the payment of any assess- ment, collection thereof shall be enforced either by sale of the property by the ~ax Coll~otor and Assessor of the City of I:ubbock as near as possible in the manner provided for the sale of property for the non-payment of ad valorem taxes, or, at the option of ~anhandle Construction Company, or its assigns, payment of aaid sums shall be enforced by suit in any court he.ving jurisdiction. -VI- For the purpose of evidencing the several sums assessed against the said parcels of property and the owners thereof, and the time and terms of payment, and to aid in the en for cement thereof, assignable o ertifioates shall be is sued by the Ci cy of JJubbock upon the c om:pl eti on and acceptance of the ..,.4ork in eacll block of improvement as the work in such block is completed a.rid accepted. which certificates shall be executed by the J:ayor in the neme of the oi ty, attested by the City Secretary with the corporate seal, 8lld shall be payable to Panhandle Construa·tion Com:pany, or its assigns, and sh~ll declare the said amounts and the time ruid terms of payment and rate of interest and date of c anpleti on and acceptance of the improvements for which the certificate is issued, and shall contain the name of the owner as accurately as possible. and the description of the property by lot and block number., or front feet thereof, or such other description as may otherwise identity the same, and if the said property shall be owned by an estate then the description thereof as s.o owned shall be suf'fic ient, or if the name of the owner be un~mown, then to so state shall be sufficient, and no error or mist Me in descri bine any property, or in giving the name of any oHners,. shall in any wise invalidate or impair the assessment levied hereby or the certificate issued in evid enoe thereof. The said c er tifioatea shall further provide sub- stantially that if default shell be nade in the payment of any installment of :princ i:pal or interest when due, then, at the option of Panhandle Construction Compe n~, or its assigns, the whole of the said assessment evidenced thereby shall at once become due and payable. and shall be colleotible with reasonable attorney's fees and costs of collection, if incurred. AE4 said certificates shall set forth and evidence the personal liability of the owners of such property and the lien upon such property, and shall :provide in effect if default be made in the payment tJ:.ereof the same may be enforced either by the sale of the pro- perty by the 'l•ax Collector and Assessor of the City of Lubbock, as above recited, or by suit in. any court having jurisdiction. The said certificates shall further recite in effect that all proceedings with reference to me,king said improvements have been regularly had in compliance iivi th the -5- I I law and Charter and proceedings of the City o~ Lubbock, and thGt all :prerequisl tes to the fixing of the lien arrl clai of :personal liability evidenced by such certificates have been regular 1y done and performed, which recitals shall be evidence of the matters and facts so recited, snd no further proof thereof shall be required in any c curt. And the said certificates mey have coupons attached thereto in evidence of each or an y of the several instal l- mer1ts thereof, or they rosy ha.ve coupons for each of the first five installments leaYing the main certificate for the s i:x:th. J aid certificates may further provide substantially that the amoubts ~ay s.ble thereunder may be paid to the Collector of Taxes of the City, who shn ll issue his receipt therefor. wh ich receipt shall be evidence of such ~:·n1ent upon a ny demand for the same, either by virtue of the said certificate or any contract to ~Y the same entered into by the property owner,. a.nd that the Collector of '~"axes wi 11 deposit al l sums. s o received by him forthwith with the City Treasurer,. and upon the paymen t o f any instf,ll- me .. 1t with interest upon the surreud er of the c oupon therefor, r e o ei pted in full b,; said Company, or otl;l.er holder of said certificate, the City ~reasurer shall pay the amount so collected and due thereon to s a id Co mpany, or other holder. which coupons so receipted shall be the Treasurer's warrant for payment. And the s a id certifi c a tes shall further provide in effect that the City of Lubbock shall exercise all of' ~ts lawful power when requested so to do by the holder of said certificates to aid in the enforcement and collection thereof, a n d said c er ti fioa tes may contain other end ftm·ther recitals pertinent or approprie. te thereto. It shall not be necessary thn t said certificates shall be in the exact form as above set forth, but the substance and ef- fect thereof shall suffice. -VII~- ~he assessments levied ty this ordinance for the improvemeuts in each Unit are altogether separate and distinct from assessments in each and every other Unit. The assessments for i~prcvements in one unit ore in no wise af£ected by the improvements in or the assessments levied for the improvemen ts in any other unit, and in making and levying assessments the coats of the improvements in each unit. the ben efits by means of the im:provements, and all other matters and things w itll reference to improve- ments in each unit, have been co n sidered and determined altogether without reference to any such matters in any other unit, a11 d t h e omission of the improveme11 ts in any unit shall in no wi s e affect or impair the validity of e.ssessmet ts for the i mpr o veo.e n ts in any other unit. The omissi on of im,rovements in nny pa rticular unit in front of any property exempt from the lien of such assessments shall in no wise affect r impair the validity of assessments against other property in the.t w11t. -VIII- No mistaJce, error, invalidity, or irregularity in -6- l ] l .. the na.Ile of a:ny proper ty owner , or the d esc r ipti on of any pr o.:perty, or the amount o:f acy assesso.en t, or in any other .r.tatter or thing, shall in aey wise invalidate or impair any assessment levied hereby or a1~ certificate issued, and any such mistake, error, invalidity, or irregularity, whet:1er in such assessment or in the cer- tificate issued in evidence thereof, may be corrected at any time b~; the city. -IX- All assessments levied are and charge against the real and described notwithstanding such or may be inc orr eo tly named. -X- a persor.al liability true owners of the premises owners may not be named Full power to ma A:e and levs reassessmeu ts is, in accordance with the l aw and proceedings o:f the city , reserved and vested in the city . -XI- That this ordinance shall be in force and take effect from and after its Jll,.ssage. Passed and approved this /.2.-daay of ~ , A . D. 192 S" • - ~Texas. ATTE b ~: ~ A?PROVED AS TO rom,!: ! Ci ty Attorney. I l .. ORDINANCE NO. 283 BROADWAY AND AVENUE "Q" SPECIAL FORM NO. 10, LUBBOCK. ORDINANCE CLOSING BEARING AND LEVYING ASSESSMENTS FOR A PART OF THE COOT OF 'IMPROVING-PORTIONS OF BROADWAY STREET AND SUNDRY OTHER STREETS AND PLACES IN '!HE CITY OF LUBBOCK, TEXAS, AND PROVIDING FOR mE COLLEC- TION OF SUCH ASSESSMENTS AND FOR THE ISSUANCE OF ~IGNABLE CERTIFICATES IN EVIDEN~ THEREOF. WHEREAS, the City of Lubbock has heretofore ordered that the below mentioned portions of streets and public places in said City be improv-• ed by raising grading, filling and paving same, and installing curbs and gutters and otherwise, and contract for the making and construction of such improvements, including paving with verticle fibre brick1 was let to and entered into with Panhandle Construction Company, said streets and places being as follows, to-wit: BROADWAY STREET, from its intersectipn with the East property line of Avenue "P" to its intersection with the East property line of Avenue "U" known as District or Unit No .. 2A, the type of pavement to be 2i inch Vertical Fibre Brick on Concrete foundation, with 20 foot parkway in the middle. BROADWAY STRE~T, from its intersection with the East property line of Avenue "U" to its intersection with the East property line of Avenue "Y", known as District or Unit No. 3, the type of pavement to be 2i inch Vertical Fibre Brick on Concrete founda- tion, with 20 foot parkway in the rndddle. AVENUE "Q'', from its intersection with the South property line of 6th Street to its intersection with the North property line of Main Street, and from its intersection with the South property line of Main Street to its intersection with the North property line of Broadway Street, known as Pistrict or Unit No. 18, the type of pavement to be Vertical Fibre Brick on Natural foundation. AVENUE "Q'', from its intersection with the South property line of Broadway Street to its intersection with'the North property line of 13th Street, and from its intersection with the South property line of 13th Street to its intersection with the North property line of 19th Street, tnown as District or Unit No. 19, the type of pavement to be Vertical Fibre Brick on natural foundation-and, WHEREAS, the City Engineer prepared rolls or statement for the i~ provements in each unit, ahowing ·the amounts to be assessed against ........ the various parcels of abutting~operty and the owners thereof, and showing other matters and things, and same were exarndned by the Board of Commissioners and approved and a time and place was fixed for hearing to the owners of such abutting property and to all others in anywise interested, and due andproper notice was given, and such hearing was had and held at the time and place fixed therefor, to-wit, on the 11th day of February, 1925, at 3:30 O'clock P. M. in the City Hall in the City of Lubbock, Texas, and at such hearing all desiring to be heard were fully and fairly heard, and evidence was received and considered and all protests and objections made were considered, and said hearing was in all respects held in the manner provided and required by the Charter and law in force in this city and py the proceedings of the City with reference to such matters, and the following protests were made concerning the 1~ provements in the unit indicated, namely; and all objections and protests made were fully considered and said hearing was continued from day to day and from time to time until this date and the Board having fully and fairly heard all parties making any protest and all parties desiring to be heard, and having fully considered all matters presented for consideration, and having fully considered all the evidence, and all pertinent and proper matters, is of opinion that the following disposition should be made of such protests and objections, and that assessments should be made as herein ordained; THEREFORE, BE IT ORDAINED BY THE CITY OF LUBBOCK, TEXAS: THAT 1. All protests and objections, whether herein specifically mentioned or not, shall be and the same are hereby overruled and the said hearing with respect to each and all of said Units is hereby closed. 11. The Board of Commissioners from the evidence finds that the assessments herein levied shall be made and levied against the respective parcels of property abutting upon the said portions of streets and against the owners of such property, and that such assessments are right and proper and established substantial justice and equality and uniformity between the respective owners and respective properties, and between all parties concerned, considering benefits received and burdens imposed, and further finds that in each case the abutting property assessed is specifically benefited in the enhanced value thereof by means of the improvement in the unit upon which the particular property abuts and for which assessment is levied, in a sum in excess of the assessment levied against same by this ordinance, and further finds that the apportionment of the cost of improvements in in accordance with the law and Charter in force in the City, and is in accordance with the proceedings heretofore taken and had with reference to such improvements and is in all respects valid and regular. 111. That there shall be and is hereby levied and assessed against the parcels of property hereinbelow mentioned and against the real and true owners thereof, whether such owners be correctly named herein or not, the sums otmoney below mentioned and itemized shown opposite the description f -! f J . of the respective parcels of property; the descriptions of such property, the several amounts assessed against same, and the owners thereof, being as follows: (Here insert complete copies of the Engi~eer's rolls or statements as corrected, if any corrections are made, being sure to correct the names wherever there has been any error, descriptions and amounts wherever there has been any error, as well as all other errors. That the assessments so levied are for the improvements in the particular Unit upon which the property described abuts, and the assessments for the improvements in one ~Unit are in no wise related to or connected with the improvements in any other Unit, and in making assessments and in holding said hearing the amounts assessed for improvements in one Unit have been in no wise affected b¥ any fact in any wise connected with the improvements, or the assessments therefor, in any other Unit, and in mak- ing such assessments the cost of storm sewers is not included in the sums assessed. IV. That the several sums above mentioned assessed against said parcels of property and against the real and true owners thereof, a nd interest thereon at the rate of 8~ per annum, together with reasonable attorney's fees and costs of collection, if incurred, are hereby declared to be and made a lien upon the respective parcels of property against which the same are assessed, and a personal liability and cha rge against the real and true owners thereof, whether or not such owners be correctly named herein, and such liens shall be and constitute the first enforcible claim against the property assessed, and shall be a first and paramount lien, superior to all other liens and claims, except State, County and Municipal taxes, and the sums so assessed shall be payable as follows, to-wit: In six equal installments, the first payable on or before thirty (30) days after the completion and acceptance by the said City of the improvements in the block upon which the particular property abuts; the second installment due on or before one (1) year from said date of completion and acceptance, the third installment due on or before two (2} years from the date of such completion and acceptance; the fourth installment due on or before three {3) years from the date of such completion and acceptance; the fifth installment due on or before four (4) years from the date of such completion and acceptance; and the sixth (6) installment due on or before five (5) years from the date of such completion and acceptance; and such assessments shall bear interest from the date of such completion and acceptance at the rate of eight per cent per annum, payable annually with each installment, so that upon completion and acceptance of the impro~rnents in a particular block assessments against the property abutting upon such completed and accepted block shall be and become due and payable in such installments and with interest from the date of such completion and acceptance, provided that any owner shall have the right to paythe entire assessment, or any installment, I thereof, before maturity by payment of principal and accrued inte and provided further that if default shall be made in the payment installment promptly as the same matures, then the entire amount assessment upon which such default is made shall, at the option o Panhandle Construction Company, or its assigns be and become imme due and payable, and shall be collectible with reasonable attorne and costs of collection, if incurred. v. The City of Lubbock shall not in any manner be liable for the pay of any sums hereb¥ assessed against any property and the owners t but said Panhandle Construction Company shall look solely to said property and the owners thereof for payment of the sums assessed the respective parcels of property, but said city shall exercise its lawful powers and aid in the enforcement and collection of sa liens and assessments, and if default shall be made in the paymen any assessment, collection thereof shall be enforced either by sa of the property by the Tax Collector and Assessor of the City of as near as possible in the manner provided for the sale of propel the non-payment of ad valorem taxes, or, at the option of Panhanc struction Company, or its assigns, payment of said sums shall be forced by suit in any court having jurisdiction. For the purpose of evidencing the several sums assessed against 1 said parcels of property and the owners thereof, and the time anc of payment and to aid in the enforcement thereof, assignable cer1 shall be issued by the City of Lubbock upon the completion and ac of the work in each block of improvement as the work in such bloc pleted and accepted, which certificates shall be executed by the in the name of the city, attested by the City Secretary with the ate seal, and shall be payable to Panhandle Construction Company, its assigns, and shall declare the said amounts and the time and of payment and rate of interest and date of completion and accep1 of the improvements for which the certificate is issued, and shaJ the name of the owner as accurately as possible, and the descrip1 the property by lot and block number, or front feet thereof, or such otheT description as may otherwise identify the same, and fj said property shall be owned by an estate then the description t1 as so owned shall be sufficient, or if the name of the owner be t then to so state shall be sufficient, and no error or mdstake in ing any property, or in giving the name of any owners, shall in c wise invalid to or impair the assessment levied hereby or the ee l cate issued in evidence thereof. The said certificates shall further provide substantially that i: fault shall be made in the payment of any installment of principi interest when due, then, at the option of Panhandle Construction or its assigns the whole of the said assessment evidenced there~ a~ once become due and payable, and shall be collectible with th• attorney's f~es and costs of collection, if incurred, and said c cates shall set forth and evidence the personal liability of th~ of such property and the lien upon such property and shall prov~ effect if default be made in the payment thereof the same may ~ enforced either by the sale of the property by the Tax CollectoJ Assessor of the City of Lubbo~k, as above recited, or by suit ir court having jurisdiction. The said certificates shall further recite in effect that all p1 with reference to making said improvements have been regularly } compliance with the law and Charter and proceedinq~of the City Lubbock and that all prerequisites to the fixinq of the lien anc of personal liability evidenced by such certificates haye been l done and performed, which recitals shall be e~idence of the mat1 facts so recited, and no further proof thereof shall be requirec court. And the said certificates may have coupons attached thereto in c of each or any of the several installments thereof, or they may coupons for each of the first five installments leaving the mais tificate for the sixth. Said certificates may further provide substantially that the ~ payable thereunder may be paid to the Collector of Taxes of the who shall issue his receipt therefor, which receipt shall be evj such payment upon any demand for the same, either by virtue of 1 certificate or any contract to pay the same entered into by the owner, and that the Collector of Taxes will deposit all sums so him forthwith with the City Treasur.er and upon the payment of a1 ment with interest upon the surrender of the coupon therefor, r• in full by sa.fd Company, or other holder of said certificate, tl Treasurer shall pay the amount so collected and due thereon to 1 Company, or other holder, which ooupons so. receipted shall be tl Treasurer's warrant for payment. And the said a'ertificates sha: further provide in effect that the City of Lubbock shall exerci: of 1 ts lawful power when requested so to do by the holder of sa: ficate to ald in the enforcement and collection thereof, and sa: certificates may contain other and further recitals pertinent oi ropriate thereto. It shall not be necessary that said certific< shall be in the exact form ae above set forth, but the substanc4 effect thereof shall suffice. ' VII. The Assessments levie~ by this ordinance for the improvements i1 Unit are altogether separate and distin~t from assessments in e. and every other Unit. The assessments for improvements in one · are in no wise affected by the improvements in or the assessmen for the improvements in any other unit, and i~ making and levyi: assessments the costs of the improvements in each unit the ben· means of the improvements, and all other matters and thinqs wit ence to improvements in each unit, have been considered and det altogether without reference to any such matters in any other u and the omdssion of the improvements in any unit shall in no 1 or impair the validity of assessments for the improvements in unit. The omission of improYements in any partieular unit in of any property exempt from the lien of such assessments shalJ affect or impair the validity of assessments against other pre that unit. VIII. No mistake, error, invalidity, or irregularity in the name of perty owner, or the description of any property, or the amouni assessment, or in any other matter or thing, shall in any wise or impair any assessment levied hereby or any certificate iss~ any such mistake, error, invalidity, or irregularity, whether ment or in the certificate issued in evidence thereof, may be ed at any time by the City. IX. All assessments levied are a personal liability and cha~e aqa the real and true owners of the premises described norwithstan such owners may not be named or may be incorrectly named. x. Full power to make and levy reassessments is, in accordance wi law and proceedings of the City, reserved and vested in the ci XI. That this ordinance shall be in full force and take effect fr~ its passage. Passed and approved this 12th day of February, A. D. 1925. F. R. Friend MAYOR, City of Lubbock, Te: A'I'TEST: J. R. Germany, City Secretary.