HomeMy WebLinkAboutOrdinance - 802-1947 - Levying Assessment For Improving Portion Of 22Nd And 23Rd St. - 01/23/1947r
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THE STATE OF TEXAS I
COUNTY OF LUBBOCK I
onD !NANCE 'No ~ ao 2 ·
0 I -23-(..9Lf-T-
02-1 a-I.SL.f-T-
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On this, the ~3rd day of January , 194?, the City
Commissioners of the City of Lubbock, Texas, in the above county,
convened in Regular Session, in the Regular Meeting Place in the said
City, the Members thereof to-wit:
c. A. Bestwick
W. B. Price
F. H. Childress
J. Ray Dickey
John Spikes
Vaughn E. Wilson
Lavenia Williams
Homer A. Hunter
Mayor
c·ommi s s !one r
Commissioner
Commissioner
Commissioner
City Attorney
City Secretary
City Manager
Absent: Commissioner John Spikes.
being present and passed the following ordinance:
AN ORDINANCE CLOSING HEARING AND LEVYING ASSESSlENTS FOR A PART CF
THE COST OF IMPROVING A PORTION OF 22ND STREET, 23RD STREET, ADAMS
AVENUE, ELLWOOD STREET,_ TEXAS AVENUE, AVENUE "E", AVENUE "0", JEFFERSO
AVENUE, 30TH STREET, 2~TH STREET SANDERS STREET, 31ST STREET
WASHINGTON AVENUE, .AVENUE ''N", 2ATH STREET, AVENUE nx••, 33RD STREET,
6TH STREET, AVENUE "M", AVENUE "G•, AVENUE "F", 27TH STREET, 32ND
STREET, TYLER AVENUE, AVENUE 11W", AVENUE "V", AVENUE "T", COLLEGE
~~~~U~~I~~~C~~~~iNV~~EB~~~N~~~~~S~~~pg:Ti~c~~~NgFMORE
LUBBOCK ATTACHED HERETO AND MADE A PART HEREOF AND PORTIONS OF SUNDRY
OTHER STREETS, AVENUES AND ALLEY'S IN THE CITY OF LUBBOCK, TEXAS AND
PROVIDING FOR THE COLLECTION OF SUCH ASSESSMENTS, AND FOR THE ISSUANCE
OF ASSIGNABLE CERTIFICATES IN EVIDENCE THEREOF, ALLOCATING FUNDS.
Commissioner Childress moved that the ordinance be placed
on its first reading; seconded by Commissioner ~rice and
carried by the ~ollowing vote:
All Members voting AYE.
NO: None
Carried: Ordinance placed on first reading.
Commissioner Childress
reading; seconded by Commissioner
by the ~ollowing vote:
All members voting AYE.
NO: None
moved that the ordinance pass firs
Pr1ce , and carried
Carried: Ordinance passed first reading.
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·~ ~--=-~~~========~~============-=-========~~------==~=~-==··==·==~=--=--t ~-
on this the -1.3 -· day of' ~-·February ;· .. ,.~ ..... ., ....... , 1947, the City
Commission of the City of Lubbock, Texas, in the above mentioned
county, convened in Regular . Session, at the Regular
Meeting Place in the City Ha~l, the following members thereof being
~ present, to-wit:
,..Mayor Pro-tem W.B. Price
and F.H. Childress
Commissioners ;r. Bay IU Qk&¥'
City Attorney Vaughn E. Wilson, City Secretary Lavenia Williams, City
Manager Homer A. Hunter.
Absent: Mayor C.A. Bestwick and Commissioner John Spikes,
and passed the following ordinance on Second Reading.
ORDINANCE NO ._8;,;;;,0=..2 __ _
AN ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENS FOR A PART OF
THE CCB T OF IMPROVING A. PORTION OF 22ND STREET, 23RD STREET ADAMS
AVENUE, ELLWOOD STREET, TEXAS AVENUE, AVENUE "E", AVENUE "01', JEFFERS01
AVENUE! 30TH STREET,29TH STREET 1 SANDERS STREET, 31ST STREE~,
WASHINGTON AVENUE, AVENUE "N'1 , ~8TH STREET, AVENUE nxn, 33RD STREET,
6TH STREET, AVEI\TUE 1'Mt', AVENUE "G", A VENUE uFtt, 27TH STREET, 32ND
STREET, TYLER AVENUE, AVENUE uwu, AVENUE ••v", AVENUE "T", COLLEGE
AVENUE, HARRISON AVENUE, VAN BUREN AVENUE, SUCH PORTIONS BEING MORE
PARTICULARLY DESCRIBED IN THE PAVING ASSESSMNTS OF THE CITY OF LUBBOCK
ATTACHED HERETO AND MADE A PART HEREOF AND PORTIONS OF SUNDRY OTHER
STREETS, A VENUES AND ALLEYS IN THE CITY OF LUBBOCK, TEXAS, AND PRO*
VID ING FOR THE COLLECTION / OF SUCH ASSESSMENTS, AND FCR THE ISSUANCE
OF ASSIGNABLE CERTIFICATES IN EVIDEN~E THEREOF, ALLOCATING FUNDS.
Commissloner Cgildress moved that the ordinance be placed
on its second reading; seconded by Commissioner --~D~i~c~k~e~y __________ __
and carried by the following vote.
All members voting AYE.
NO: None
Carried: Ordinance placed on second reading.
Commissioner . Childress moved that the ordinance pass
second reading; seconded by Commissioner Dickey , and
carried by the following vote:
All members present voting AYE.
NO: None
Carried: Ordinance passed second reading.
On this the 27th day of february , 1947, the City Commission
of the City of Lubbock, Texas, in the above mentioned county, convened
in Regular pession, in the Regular Meeting Place in
saia City, the following members thereof being present, to-wit:
ayor __ c_._A._. _B_e_. s_t_,w .... i_c,.._k ___ _
J. Ray Dickey
Commi sst one r s -...:~.:..:·1.:...-;:B::.:.•-=-P=-r=-ig~e~-
J'ohn Spikes
·~ity Attorney Vaughn E. Wilson, City Secretary Lavenia Williams,
City Manager Homer A ~ Hunter.
Absent: F. H. Childress, Commissioner
and passed the following ordinance on third reading.
ORDINANCE NO. 802
AN ORDINANCE CLOSING HEARING AND LEVYING ASSESS\[ENTS FOR A PART CF
THE COST OF IMPROVING A PORTION OF 22ND STREET, 23RD STREET, ADAMS
AVENUE, ELLWOOD . STREET, TEXAS AVENUE, AVENUE "E .. , AVENUE "O", JEFFERSO
AVENUE, 30TH STREET, 29TH STREET,_ SAl\lDERS STREET, 31ST STREET,
WASHINGTON AVENUE, AVENUE "N", 2tsth STREET, AVENUE "X" 33RD STREET,
6TH sTREET, A VENUE t•M••, A VENUE .,G .. , A VENUE "F", 27TH STREET, 32nd
STREET, TYLER A VENUE, A VENUE t'W", A VENUE "V", A VENUE "T", COLLEGE
AVENUE, HARRISON AVENUE, VAN BUREN AVENUE, SUCH PORTIONS BEING MORE
PARTICULARLY DESCRIBED IN THE PAVING ASSESSli'ENTS OF THE CITY OF LUBBO
ATTACEED HERETO AND MADE A PART HEREOF AND PORTIONS OF SUNDRY OTHER
STREETS, AVENUES AND ALLEYS IN THE W'Y OF LUBBOCK, TEXAS, AND
PROVIDING FOR TBE COLLECTION OF SUCH ASSESSMENTS, AND IDR THE ISSUANCE
OF ASSIGNABLE CERTfFICATES IN EVIDENCE THEREOF, ALLOCATING FUNDS.
Commissioner Dickey moved that the ordinance be
placed on third reading; seconded by Commissioner --~P~r.l~Q~e ________ ___
and carried by the following vote:
All members present voting AYE.
NO: None
Carried: Ordinance placed on third and final reading.
Commissioner Dickey moved that the ordinance pass
third reading; seconded by Commissioner _ PriQe and
carried by the following vote:
All members present voting AYE.
NO: None
Carried: Ordinance passed third and final reading.
The Mayor then declared the ordinance finally passed.
The Ordinance follows:
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ORDINANCE NO .__.8 ... 0.;;;,2_---11
AN ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS F<R A PART OF
THE COST OF IMPROVING A P<R TION OF 22ND STREET, 23RD STREET, ADAMS AVE ..
NUE, ELLWOOD STREET, TEXAS .4VENUE 1 AVENUE rtEu, AVENUE uou, JEFFERSON
AVENUE 30TH STREET, 29TH STREET ~ANDERS STREET, 31ST STREET,
WASHINGTON AVENUE, AVENUE ••Nu, ~8TH STREET, AVENUE nxn, 33rd STREET,
6TH STREET AVENUE "M", AVENUE nan, AVENUE nF", 27TH STREET 32ND
STREET fiiER AVE NUE AVE J\TUE "W" AVENUE "ltV" AVENUE nTn c6LLEGE
AVENUE: HARRISON A VENUE AND VAN ~UREN A VENUE: sucH PORTr6Ns BEING
MORE PARTICULARLY DESCRIBED IN THE PAVING ASSESSMENTS OF THE CITY OF
LUBBOCK ATTACHED HERETO AND MADE A PART HEREOF AND PORTIONS OF
SUNDRY OTHER STREETS, AVENUES AND ALLEYS IN THE CITY OF LUBBOCK,
TEXAS, AND PROVIDING FOR THE COLLECTION OF SUCH ASSESSl\/LENTS, AND FOR
THE ISSUANCE OF ASSIGNABLE CERTIFICATES IN EVIDENCE THEREOF, ALLOCA-
TING FUNDS.
WHEREAS the City of Lubbock has heretofore ordered that the herein~ below~~ntloned portions of streets, avenues and/or alleys be improved
by raising, grading and filling and paving, and by installing concrete
curbs and ~ gutters and storm sewers and drains wh~re necessary on Units
Nos. 535, 536, 537, 538, 539, 540, 541, 542, 543, 544, 545, 546, 547,
548, 549, 550, 551, 552t 553, 554, 555, 556, 557, 558, 559, 560, 561,
562, 563, 564, 565, 566; 567, 568, 569, 570, 571, 572, 573, 574, 575,
576, 577, 578, 579, 580, 581~ 582, 583, 584, 585, 586, 587, 588, 589,
590, 591, 592, 593, 594, 595, 596, 597, 598, 599, 6oo, 601, 602, 6o3,
6o4, 605, 606, 607, 6o8, 609, 610, 611, 612, 613, 614, 615~ 616, 618,
621, 622, 623, 625, 626, the paving to be or quadruple course asphalt
surface treatment {Inverted Penetration Type) on a Six (6) inch com-
pacted caliche base, together with necessary incidentals and appur-
tenances, all as provided in the specifications prepared by the City
Engineer, now on file with said City; and arrangemnt for the making
and construction of such improvemnts was entered into with the City
or Lubbock, said streets, avenues and alleys being as follows, to-wit:
Adams Avenue fro~ its intersecti on with the South Property Line of
26th Street to its intersect~on with Centerline of 27th Street,
known and designated as Unit No. 535.
Adams Avenue from its intersection with the Centerline of 27th Street
to its intersection with the Centerline of 28th Street, known and
designated as Unit No. 536.
Adams Avenue from its intersection with the Centerline of 28th Street
to it s intersection with the Centerline of 29th Street, known and
designated as Unit No. 537.
Adams Avenue from its intersection with the Centerline of 29th Street
to its intersection with the-North Property Line of 30th Street,
known and designated as Unit No. 538.
Ellwood Street from its intersection with the West Property Line of
Avenue X to its intersection with the East Property Line of College
Avenue, known and designa.ted as Unit No. 539.
Texas Avenue from its intersection with the North Property Line of
Texas Avenue Addition to its "intersection with the North Property
Line of 30th Street, known and designated as Unit No. 54o.
2.
Avenue E from its intersection with the South Property Line of 14th
Street to its intersection with the North Property Line of 15th
Street, known and designated as Unit No. 541.
Avenue E from its intersection with the South Property Line of 15th
Street to its intersection with the South Property Line of 16th Stree
known and designated as Unit No. 542. .
Avenue E from its intersection with the South Property Line of 16th
Street to its intersection with its North Gutter Line of 17th Street,
known and designated as Unit No. 543.
Avenue 0 from its intersection with the South Property Line of 19th
Street to its intersection with the Center line of 21st Street,
known and designated as Unit No. 544.
Avenue 0 from its intersection with the Centerline of 21st Street
to its intersection with the Centerline of 22nd Street, known and
designated as Unit No. 545.
Avenue 0 f rom its intersect:ton with the Centerline of 22nd Street to
its intersection with the North Property Line of 23rd Street, known
and designated as Unit No. 546.
23rd Street from its intersecti on with the West Property Line of
Avenue V to its intersection with the West Property Line of Avenue w, known and designated as Unit No. 547.
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23rd Street from its intersection with the West Property Line of Aven
W to its intersection with the East Property Line of Avenue x, Known
and designated as Un~t No. 548.
Jefferson Avenue from its intersection with the South Property Line
of 29th Street to its intersection with the South Property Line of
30th Street, known and designated as Unit No. 549.
30th Street from its intersection with the East Property Line 'of
Adams Avenue to its intersection with the East Property Line of
Jefferson Avenue, known and designated as Unit No. 550.
29th Street from its intersection with the West Property Line of
Adams Avenue to its intersection with the East Property Line of
Jefferson Avenue, known and deslgnated as Unit No. 551.
Sanders Street from its intersection with the West Property Line of
Waco Avenue to its intersection wih the East Gutter Line of College
Avenue, known and designated as Unit No. 552.
31st Street from its intersection with the West Property Line of
Avenue V to its intersection with the East Property Line of Avenue w, known and designated as Unit·No. 553.
31st Street from its intersection with the Ea st Property Line of
Avenue W to its intersection with the East Property Line of Avenue / x, known and designated as Unit No. 554.
)
29th Street from its intersection with the West Property Line of
Avenue X to its intersection with the East Gutter Line of College
Avenue, kn&wn and designate4 as Unit No. 555.
3.
Adams Avenue from its intersection with the South Property Line of
24th Street to its intersection with the North Property Line of
25th Street, known and designated as Unit No. 556.
Adams Avenue from its intersection with the South Property Line af
23rd Street to its intersection with the North Property Line of 24th
Street, known and designated as Unit No. 5~7.
Washington Avenue from its intersection with the South Property Line
of 22nd Street to its intersection with the North Pfoperty Line of
23rd Street, known and designa;ed as Unit No. 558.
Washingt:> n Avenue from its intersection with the South Property Line
of 23rd Street. to its intersection with the North Property Line of
24th Street, known and designated as t Unit No. 559.
-Washington Avenue from its intersection with the South Property Line
of 24th Street to its inters~ction with the North Property Line of
25th Street, known and designated as Unit No. 560.
Washington Avenue from its intersection with the South Property Line
of 25th Street to its intersection with the North Property Line of
26th Street, known and designated as Unit No. 561.
Washington Avenue from its intersection wib the South Property Line
of 26th Street to its intersection with the North Property Line of
2eth Street, known and des~nated as Unit No. 562.
Washington Avenue from its intersection with the North Property Line
of 27th Street .. to its intersection with the. North Property Line of
28th Street, known and designateq as Unit No. 563.
Washington Avenue from its intersection with the North Property
Line of 28th S~r~et to its intersection with the North Property Line
of 29th Street,"known and designated as Unit No. 564.
. .
Washington Av~nue fro_~ its intersection with the North Property Line
of 29th Stree~ to its i~section with the North Property Line of
30th Street, known and designated as Unit No. 565.
Avenue N from its intersection with the North Property Line of 30th
Street to its intersection with the North Prop erty Line of 31st
Street, known and .designated as Unit No. 566 •. .
Avenue N from its intersection with the North Property Line of 3+st
Street to its intersecti on with the North Property Line of 32nd
Street, known and designated as Unit No. 567.
Avenue N from its intersecti on with the North Property Line of 32nd
Street to its intersection with the North Property Line of 33rd
Street, known and designated as Unit No. 568.·
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4.
Avenue N from its intersection with the North Property Line of 33rd
Street to its intersection with the North Property Line of 34th Stree ,
known and designated as Uni~ No. 569 •
28th Street from its interse~tion wih _the West Property Line of
Avenue N to its intersection with the East Property Line of Avenue P,
known and designated as Unit No. 570.
28th Street from its intersection with the West Property Line of
Avenue L to its intersection with the East Property Line of Avenue N,
known and designated as Unit No. 571.
28th Street from its intersection with the West Property Line of
Avenue X to its intersection with the East Gutter Line of College
Avenue, known and designated as Unit No. 572 •
. Avenue X from its intersection with the South Property Line of 9th
Street to its intersection with the North Property Line of lOth
Street, ·known and designated as Unit No. 573.
Avenue X from its intersection with t·he South Property Line of lOth
Street to its intersect.i.on with the North Property Line of Main Stree
known and designated as Unit No. 574.
we-s-r
33rd Street from its lntersection with the South Property Line of<'" Ave
nue Q to its intersection with the East Property Line of Avenue s,
known and designated as Unit No. 575.
6th Street from its intersection with~e West Property Line of Avenue
K to its intersection with the West Property Line of Avenue L, known
and designated as Unit No. 576.
6th Street from its intersection with1he West Property Line of Avenue
L to its intersection with the West Property Line of ~enue M, Known
and designated as Unit No. 577. (
6th Street from its intersecti on with the West Property Line of
Avenue M to its intersection with the East Property Line of Avenue N,
known and designated a s Unit No. 578. .
Avenue M from its intersection with the South Property Line of 4th
Street to its intersection with the North Gutter Line of 5th Street,
known and designated as Unit ·No. 579. ·
Avenue M from its intersection with the North Gutter Line of 5th Stree
to its intersection with the North Property Line of 6th Street, known
and designated as Unit No. 580.
Avenue M from its intersection with the South Property Line of 6th
Street to its intersection with the North Property Line of 7th Street,
known and desginated as Unit No. 581.
Avenue G from its inters ection with the South Gutter Line of 4th
Street to its intersection with the South Property Line of 5th Street,
known and designated as Unit No. 582 •
...
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Avenue G from its intersection with the South Property Line of 5th
Street to its intersedtion with the South Property Line of 6th Street,
known and de~ignated as Unit No. 583o
6th Street from its intersection with the West Property Line of
Avenue G'to its intersection with the Santa Fe Right-of-Way at Avenue
H, known and designated as Unit No. 584.
22n Street from its intersection with the West Property Line of
Avenue V to its intersection with the West Property Line of Avenue w,
known and designated as Unit No. 585.
Avenue F from its intersection with the South Property Line of 14th
Street to its intersection with the North Property Line of 15th
Street, known and designated as Unit No. 586.
Avenue F from its intersection with~e South Property Line of 15th
Street to its intersecti on with the South Prpperty Line of 16th
Street, known and designated as Unit No. 587.
Avenue F from its intersecti on with the South Property Line of 16th
Street to its intersection with the North Gutter Line of 17th Street,
known and designated as Unit No. 588.
Avenue F f rom its intersection with the South Gutter Line of 17th
Street to its intersection with the North Gutter Line of 18th Street,
known and designated as Unit No. 589.
Avenue F from its intersection with the North Gutter Line of 18th
Street to its intersection with the ~orth Property Line of 19th Street
tknown and designated as Unit No. 590.
30th Street from its intersection with the West Property Line of
Avenue X to its intersection with the East Gutter Line of College
Avenue, known and designated as Unit No. 591.
Adams Avenue from its intersection with the South Property Line of
22nd Street to its intersection with the North Property Line of 23rd
Street, known and designated as Unit No. 592.
Adams Avenue from its intersection with the South Property Line of
25th Street to its intersectjon with the North Property Line o~ 26th
Street, known and deslgnated as Uriit No. 593.
27th Street from its intersection with the West Prop·erty Line of
Adams Avenue to its intersection with the Ea.st Property Line of
Jefferson Avenue, known and designated as Unit No. 594.
, ·28th Street from its intersection with the West Property Line of
Adams Avenue to its intersection with the East Property Line of
Jefferson Avenue, known and designated as Unit No. 595.
32nd Street from its interse ction with the West Gutter Line of Avenue
H to ;1. ts intersectlon with the E'ast Property Line of Avenue J, known
and designated as Unit No. 596.
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32nd Street from its intersection with the East Property Line of
Avenue J to its intersection with the East Property Line of FW&DC
Right-or ... way, known and des~gnated as Unit No. 597.
Tyler Avenue from its intersection with the South Gutter Line of 19th
Street to its intersection with the Centerline of 20th Street to the
West, known and designated as Unit No. 598.
Tyler Avenue from its intersection with the Centerline of 20th StrAet
to the West to its intersecti on with the Centerline of 21st Street
to the West, known and designated as Unit No.-599.
32nd Street from its intersection with the East Property Line of
Avenue X to its intersect1on with the East Property Line of College
Avenue, known and designated as Unit No. 600.
Avenue W from its intersection with the South Property Line of 27th
Street to its intersecti.on with the North Property Line of 28th
Street, known and designated as Unit No. 60lo
Avenue V from its intersection with the South Property Line of 31st
Street to its intersection with the North Property Line of 32nd
Street, known and designated as Unit No. 602.
Avenue T from its intersection with the South Property Line of 29th
Street to its intersection vrith the North Property Line of 30th
Street, known and designa~ed as Unit No. 603.
Avenue T from its intersection with the South Property Line of 30th
Street to its intersection with the North Property Line of 31st
Street, known and designated as Unit No. 604.
Avenue T from its intersection with the South Property Line of 31st
Street to its intersection with the North Prop erty Line of 32nd
Street, known and designated as Unit No. 605 ..... ·
College Avenue from its intersection with the South Property Line of
27th Street to the West to its intersection with the South Property
Line of 28th Street to the West, known and designated as Unit No. 606.
c·ollege Avenue from its intersection with the South Property Line of
28th Street to the West to its intersection with the ~~~h Property
Line of 29th Street ·to the West, known and designated as Unit Noo o07o
College Avenue from its intersection with the South Property Line of
29th Street to the West to its intersection with the South Property
Line of 30th Street, known and designated as Unit No. 608o
College Avenue from its intersection with the South Pr·operty Line of
30th Street to its intersection with the South Property Line of 31st
Street, known and designated as Unit No. 609.
College Avenue from its intersection with th South Property Line of
31st Street to its intersection with th South Property Line of 32nd
Street, known and designated as Unit No. 610.
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College Avenue from its intersection with the South Property Line of
32nd Street to its intersection with the South Property Line of 33rd
Street, known and designa.ted .as Unit No. 611.
College Avenue from its intersection with the South Property Line of
33rd Street to its intersection of the North Property Line of 34th
Street, known and designated as Unit Noo 612.
Harrison Avenue t'rom its intersection with the South Property Line of
21st Street to its intersection with the North Property Line of 22nd
Street, known and designated as Unit No. 613.
Harrison Avenue from its intersection with the South Property Line of
22nd Street to its intersection with the North Property Line of 23rd
Street, known and designated as Unit No. 614.
29th Street from its intersection with the West Property Line of
College Avenue to its intersection with the West ProP.erty Line of
Washington Avenue, known and designated as Unit No. bl5.
29th Street from its intersection with the -~":Jest Property Line of·
Washington Avenue to its intersection with the East Property Line of
Adams Avenue, known ,and designated as Unit No. 616.
Sanders Street from its inter,section with the WeRt Property Line of
Vernon Avenue to its intersection with the West Property Line of
Waco Avenue, known and designated as Unit No. 618 •
. ~
30th Street from its intersection with the West Property Line of
Avenue H to its intersection with the West Property Line of Avenue J,
known and designated as Unit No. 621.
· 30th Street from its intersection with the West Property Line of
Avenue J to its intersection with the Centerline of Avenue L to the
North known and des i gnated as Unit No. 622.
30th Street from its intersection with the Centerline of Avenue L to
the North to its intersection with the East Property Line of Avenue N,
known and designated as Unit No. 623. ·
28th Street from its intersection with the West Prop~rty Line of
College Avenue to its intersection with the West Property Line of
Washington Avenue, known and designated as Unit Noo b25.
30th Street from its intersection with the West Property Line of
College Avenue to its intersection with the West Property Line of
Washington Avenue, known and designated as Unit Noo o26.
· WHEREAS 1 the City Engineer prepared rolls or statements for the
imp~ovements in each District or Unit, showing the amounts to be
. assessed against ta various parcels of abutting property, and the
owners thereof, and showing other matters and things; and same were
examined by the City Commission and approved, and a xime and place
was fixed for a hearing to the owners of such abutting property, and
to all others in any wise interested, ad due and proper notice was
·iven, and such hearing was had and held at the time and place fixed
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therefor, to-wit, on the 23rd day of January , A. D., 1947
at 2:30 oAclock P. M., in the Commission Room in the City of Lubbock,
Texas, and at such hearing all desiring to be heard were fully and
fairly heard, a nd evidence was received and considered and all protes
ts and objections made were considered, ad said hearing was in all r
spects held in the manner provided and reouired by the Charter and
Law in force in this City and by the proceedings of the City with
reference to such matters, and the following protests were made
concerning the improvement in the units indicated namely: NONE.
And all objections and protests made were fully considered and
said hearing was continued from day to day ~nd from time to time unti
this date, and the City Commissi2n having fully and fairly heard all
parties making any protest and a 1 parties desiring to be heard, and
having fully considered all matters presented.for consideration and
having fully considered all of 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 C01\1MISS I ON OF THE CITY OF
LUBBOCK, TEXAS:
I.
That 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.
II.
The City Commission, from the evidence fmds that the assessments
herein levied shall be made and levied against the respective parcels
of property abutting upon the said portions of streets and alleys, and
avenues and against the owners of such property~ and that such assess-
ments are right and proper and established substantial justice and
equality and uniformity between therespective 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 specially benefited in the enhanced val
thereof by means of the improvement in the Unit upon which the partie
lar 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 ~portionment of the cost of the improvements
is in accordance with the proceedipgs heretofore taken and has with
reference to such improvements ~is in all respects valid and regular
III.
That there shall be and is hereby levied and assessed against the
parcels of property herein below mentioned and against the real and
true owners thereof, whether such owners be cDrectly named herein or
not, the sums of money b~low mentioned and itemized shown opposite the
descrip tion of the respective parcels of property; the descriptions
of such property, and several amounts assessed against same, and the
owners thereof, being as follows:
,.
IV.
That the assessments so levied are for the improvements in the par-
ticular Unit upon which the property described abuts, and the assess~
ments for the improvements in one Unit are in nowise related to or co -
nected w~thrthe improvements in any other Unit, and in making assess~
ments and in holding said hearing the amounts · so assessed for· improve-
ments in one Unit have been in nowise affedted by any fact in any wise
connected with the :improvements, or the assessments therefor, or any
other unit. v.
That the several sums aboge mentioned assessed against said parcels
of property, and against the real and true owners thereof, and interes
thereon at the rate of six (6) per cent per annum, together with reas-
onable attorney's fees and costs of collection, if incurred, are here-
by declared to be and made a lien upon the respective parcels of prope -
ty against which the same are assessed, and a personal liability and
charge against the real and true owners thereof, whether or not such·
owners be correctly named herein, and such liens shall be and consti-
tute the first enforceable claim against the property assessed, and
shall be a first and paramount lien, su:per:i.or 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 five e r ual installments, the first payable on or before ten (10)
days after the completion and acceptance by the said City of the impro a-
ments in the unit upon which the particular property abuts; the second
installment due on or before one year from said date of completion
and acceptance, the third installment due on or before two years from
said date of completion and acceptance, the fourth installment due on
or before three years from saj.d date of completion and acceptance, the
fifth installment due on or before four years from said date of com-
pletion and acceptance; and such assessments shall bear interest from
the date of ,sucn completion and acceptance at the rate o~-Q~~~----~
annum, payable annually with each installment, so;t~pon completio
and acceptance of the improvements in a particutar unit assessments
against the property abutting upon such completed and accepted unit
shall be and become due and payable in such installments and with
interest from the date or such completion and acceptance, provided
that any owner shall have the right to pay off the entire assessment,
or any installment thereof, before maturity, by payment of principal
and accrued interest, and provided further that if default shall be
made in the payment. of any installment promptly as the same matures,
then the entire amount of the assessment upon which such default is
made shall, at the option of yh e City of Lubbock or its assigns, be
and become immediately due and payable, and shall be «:>llectible witp
reasonable attorney's fees and costs of collection, if incurred,
VI.
The City of Lubbock shall not in any Manner be liable for the pay-
ment of any sums hereby assessed against any property and the owners
thereof, but said City of Lubbock shall look solely to said property,
and the owners thereof, for payment of the sums assessed against the
respective parcels of property; but said City shall exercise all of
its lawful powers to aid in the enforcement and collection of said
liens and assessments, and if default shall be made in the payment of
....
10.
any assessments collection thereof shall be enforced either by sale of
the property by the Tax Collector and Assessor of the City of Lubbock
as near as possible in the manner provided for the sale of property
-/. for the non-payment of advalQrem taxes, or, at the option of City of
Lubbock, or its assigns, payment of said sums shall be enforced by
suit in any court having jurisdictionb
VII.
For the purpose of evidencing the several sums assessed against
the said parcels of property, and the owners thereof 1 and the time
and terms of payment, and to aid in the enforcement thereof, assign-
able certificates shall be issued by the City of Lubbock upon the
completion and acceptance of thew ork in each Unit of improvement
as the work in such Unit is completed and accepted, which certificates
shall be executed by the ~ayor in the name of the City, attested by
the City Secretary with the corporate seal, and shall be payable to
City of Lubbock or its assigns, and shall declare the said amounts
and the time and terms of payment and rate of interest and date of
completion and acceptance of the improvements for which the certificat
is issued, and shall contain the name of be 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
identify the same, and if the said property shall be owned by an
estate, then to so state the description thereof as so owned shall be
sufficient, or if the name of the owner be unknown, then to so state
shall be sufficient, and no error or mistake in describing any propert ,
or in giving the name of any owners, shall in any wise invalioate or
impair the assessment levied hereby or the certificate issued in
evidence thereof.
The said certificates shall further provide substantially that if
default shall be made in the payment of any installment of principal
or interest when due, theij,at the option of City of Lubbock, or its
assigns, the whole of the said assessment evidenced thereby shall at
once become due and payable, and shall be collectible with reasonable
attorney's fees and costs of collection, if incurred. And said cer-
tificates shall set forth and evidence the personal liability of the
owners of such property and the lien upon suhh property, and shall
provide in effect if default shall be made in the payment thereof the
same may be enforced either by the sale of ta property by the Tax
Collector and Assessor of the City of Lubbock, as above recited, or by
suit in any court having jurisdiction.
The said certificates shall recite in effect that all proceedings
with reference to making said improvements have been regularly had in
compliance with the law in force and proceedings offue City of Lubbock
and that all preren uisites to the fixing of be lien and claim of
personal liability evidenced by such certificates have been regularly
done and performed, which recitals shall be evidence of ~e matters
and facts so recited, and no fnther proof thereof shall be required in
any court.
And the said certificates may ha ve coupons attached thereto in
evidence of each or any of the several installments thereof, or they
~y have coupons for each of the first four installments, leaving the
3in certificate for the fifth.
J''
Said certti'icates may further provide substantially that
ts payable thereunder may be paid to the Collector of Texas of the Ci
who shall issue his receipt .therefor, which receipt shall be evidence
of such payment upon any d emand for the same, either by virtue of th
said certificate or any contract to ppy the same entered into by the
property owners, and that the Collector of Taxes will deposit all
sums so received by him forthwith with the City Treasurer, and upon
the payment of any installment with interest upon the surrender of
the coupon therefor, receipted in full by said Contractor, or other
holder of said certificate, the City Treasurer shall pay the amount s
collected and due thereon to said Contractor, or other holder, which
coupons so receipted shall be the Treasurer's Warrant for payment.
And the said certificates shall further provide in effect that
the City of Lubbock shall exercise all of its lawful powers, when
reouested so to do by the holder of said certificates, to aid in the
enforcement and collection thereof, and said certificates may contain
other and further recitals pertinent and appropriate thereto. It
shall not be necessary that said certificates shall be in the exagt
form as above set forth, but the substance and effect hereof shall
suffice.
VIII.
The assessments levied by this ordinance for the improvements in
each Unit are altogether separate and distinct from assessments in
each and every other unit. The assessments for improvements in one
unit are in nowise affected by the improvements in or the assessments
levied for the improvememts in any other unit, and in making and
levying assessments the cost of the improvements in each Unit, the
benefits by means of the impDovements, and all other matters and
things with reference to the improvements in each Unit, have been
considered, and determined altogether without reference to any such
matters in any other unit, and the omission of the improvements in
any unit shall in nowise effect or impair the validity of assessments
for the improvements in any other unit. The omission of improvements
in any particular unit in front of any property exempt from the lien
of such assessments shall in nowise affect or impair the validity of
assessments against other property in that unit.
IX.
No mistake, error, invalidity, or irregularity in the name of any
property owner, or the description of any property, or the amount of
any assessment, or in any other matter or thing, shall in any wise
invalidate or impair any assessment levied hereby or any certificate
issued, and any such mistake, error, invalidity, or irregularity,
whether in such assessment or in the certificate issued in evidence
thereof, may be corrected at any time by the City.
x.
All assessments levied are a personal liability and charge against
the real and true owners of the premises described, notwithstanding
such owners may not be named, or may be incorrectly named.
12.
XI.
All funds obtained and accruing from the certificates herein pro-
vided for shall be placed in the Street Improvement Fund and drawn
upon to finance the improvements herein contemplated and the Mayor is
authorized to execute the certificates for such purposes.
Passed and approved this the 23 day of January • A.D.,
1947.
Passed and approved this the 13 day of Februa ry , A.D. , 194
Passed and approved this the ~2 day of February ' A.D., 194
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ATTEST:
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