HomeMy WebLinkAboutOrdinance - 812-1947 - Levying An Assessment Improving Cost Of Portion Of Texas Ave. - 05/08/1947·~ . ..
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ORDINAKGE NO. 81.2
THE STAT~ OF TE AAS l
GOUNrY UF LUBBOCK I
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On this, the 8th ·day of a~y , 1947, the City Commissioners
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of the City of Lubbock, Texas in the above mentioned c ounty, convened in Regular
Sess ion, in the Regular MeetinJ Place in the said City, the iAembers thereof to-wit:
W. B. Price
F. H. Childress
J. Ray Dic!ce y
Jbhn S;Jikes
Vauf:hn E. \•Vilson
La venia ~H lliams
Homer 1~. Hunte r
~'layor Pro-tem
Commissioner
Commissioner
Commissioner
City Attorney
City Secretary
City . .fanager
Absent: C. A. Bestt11ick, Mayor
being pre s ent end passed· the follo-wing ordinance:
AN]) ORDINANCl!. CLOSING HEARING AND LEVYING ASSESS l\iENT S FOR rA ?ART OF THE COST
Oli' II\'!PROVEING A .POHT ION OF TEXAS AVENUE, 22ND STREET, 23RD ST HEET, AVENUE "V", 6TH
STREl!.T , Vl',N BUREN AVENUE, 28TH STREE'I', PARIS AVENUE, HILL STRI::.ET, JOTH STREE1', 31ST
STRE1T, )2ND S'l'H.EE 1', NORTH UVPLDE. AVEl\'UE, UVALDE AVE!'Jf.JE, AVENUE 11 L 11 , 29I'H STf'tEET
18TH STR.li.ET, AVENIJi 11 K11 , ALLEY NORTH -SOOTH AND E.AST -WEST, BIXX:.K 105, ORIGINAL
TOiiN ADD.(T ION, 7TH AND 11 H11 , 25T H STRFET, AVENUE "U", AVENUE "G 11 , l•l Ol-11\0E AVE NUE,.
27TH STREET, JRD STRI:!.ET, AVENUE "'N" AND AVENUE "X", SUCH PORT IONS BEING MORE
PARTICULARLY Dl SChiBE.D IN T HE PAVING ASSESS :&!:NTS OF 1'1-!E CITY OF LU J BOCK ATTACHED
HER1'TO ~ND MADE A PAhT HEh.EOF AND PROTIONS OF SUNDRY \..THER STREETS, AVENllliS AND
ALLli:YS IN THE CITY OF L!BB(X)K, T.b.XAS, AND .PROVIDI NG F'OF·. THE COLLECT ION OF SUCH
ASSESS~NTS, AND FOR. THE ISSUANCE OF ASSIGNABLE Cr.RT IF ICATES IN EVIDENCE THEREOF,
ALLOCATING F UNDS , AND DECLARING AN E ~RGENCY.
Commissioner Childress moved that the ordinance be plnc~on its
first reading; seconded by Commif sioner Dickey and carried by the
following vote:
All members voting AYE
NO; None
Carried:
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Ordinance plQc~ on fir st reading.
Commissioner Childress moved that the ordinance pas s fir st reading;
seconded by Commissioner --~D~i~c~.k~e.v _________ , and carried by the following vote:
All members voting A~.
NO: None
Carried: Ordinance passed first reading
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On this the 22 p d day of Mey , 1947, the C1t7 Commission ot the
City of Lubbock, Texas, in the above mentioned county J convened in Re gular
session, at the Regular Meeting Place in the Cit.J Hall, the following members
thereof being present, to~t:
Mayor _ _.cw.__,.f\,..,..--~.B~e.,..s~t~.~~..''~.o~.ri,..c~o~W~k ___ _ Comud.ssi.onera 'Y. B . Price
J , Ra y Dicke y F . H . Chi ldre ss
J ohn S p ikes
City Attorney, Vaughn E. Wilson, City Secretary, Lavenia WU11ams, City ,r&nager,
Homer A. Hunter. 1
Absent:
and passed the following ordinance on Second ReadlDC•
ORDINANCE NO • .:.:a'8'-"~lo.l;oj2~--
AN ORDINANCE CLOSING HEARING AND LEVYING ASSESSMEl\1fS FOR A PART OF THE COST OF
IMPROVING A PORTION OF TEXAS AVENUE, 22ND STREET, 23RD STREET, AVENUE !N•~ 6TH
STREE't, VAN BUREN AVENUE, 28TH STREET, PARIS AVENUE, HILL STREEr, 30TH STREET:, 31ST
STREET, )2ND STREET, NORTH UVALDE AVENUE, UVALDE AVENUE, AVENUE rtt•, 29TH STREET,
18TH STREET, AVENUE •Ktt ·, ALlEY NORTH ... SOUTH AND EAST -WEST, BLOCK 1~, ORIGINAL
TOWN ADDITION, 7TH AND "H", 25TH STREET, AVENUE "U", AVENUE "G", MONROE AVENUE,
27TH STREET, .3RD STREET, AVENUE •r AND AVENUE "X", SUCH PORTIONS BEING MORX
PARTICULARLY DESCBIBED IN THE PAVING ASSESSMENTS OF THE CITY OF LUBBOCK ATTACHED
HERETO AND MADE A PART HEREOF AND PORTIONS OF SUNDRY OTHER STREETS, AV»JUES AND
ALLEYS IN THE CITY OF LUBBOCK, TEXAS, AND PROVIDING FOR THE OOLLECTION OF SUCH
ASSESSMENTS, AND FOR THE ISSUANCE OF ASSIGNABLE CERTIFICATES IN EVIDENCE THEREOF,
ALLOCATING FONDS, AND DECLARING AN EMBRGENCY.
CoDissioner Price moved that the ordinanoe be plaoed on ita
second readings seconded by Commissioner pj ckey and carried by
the following vote.
All Members voting: AIE.
NO: None
Carrieda Ordinance PJ.aced on second reading.
CoiiiJI.desioner _..;P~r...,.io.;;c=--e'-------moved tbat the ordinance pass second reading;
seconded by Co!Biieaiollftr Pi ckey , and carried by the following
v,te:
All. Members present voting=
NO: None
AYE.
Carried: Ordinance passed second reading.
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()D this the ~ day of ,!u ne , 194 7 1 the Ci t7 Collllll1seion ot
the Cit7 ot Lubbock, Texas, in the above mentioned count,, convened 1D Re cessed
Regular Session, in the Regular Meeting Place in said Ci t7, the
following members thereof being present, to-wit:
Mayor Q • A • Be s trd ck Oollllll1ssioners -~J:.;;o""h~n.a...:;S::.~on.:.=iwklille'-~~s"-------
J. B ay pi qkey w. B. Pr i ce
Cit7 1ttorne7, Vaughn E. Wilson, Cit7 Secretar,y, Lavenia Williams, Cit7 Manager,
Homer 1. Hunter •
Absent& Comm i ssio ner F . H. Childress
and passed the following ordinance on third reading.
Ordinance NO • .....~oo8""'l.a~2~--
AN ORDINANCE CLOOING HEARING AND LEVYING ASSESSMENTS FOR A PART <F THE COST OF
IMPROVING A PORTION OF TEXAS AVENUE, 22ND STREET, 23RD STREET, AVENUE "V", 6TH
STREET, VAN BUREN AVENUE, 28th STREET, PARIS AVENUE, HILL STREET, 30TH STREET, 31ST
STREET, 32ND STREET, NORTH UVALDE AVENUE, UVALDE AVENUE, AVE..tro'E "L", .29'l'H STREET,
lSTH STREET, AVENUE "K", ALLEY NCRTH-SOUTH AND EAST-WEST, BLOCK 105, ORIGINAL
TOWN ADDITION, 7TH AND "H1', 25TH STREET, AVENUE •uw, AVENUE 11 G", MONROE AVENUE,
27TH STREET, 3RD STBE.ET, AVENUE "W1' AND AVENUE "X•, SUCH PORTIONS BEING MORE
PARTICULARLY DESCRIBED IN THE PAVING ASSESSMENTS OF THE CITY OF LUBBOCK ATTACHED
HERETO AND MADE A PART HEREOF AND PORTIONS OF SUNDRY CY!'HER STREETS, AVENUES AND
ALLEYS IN THE CITY OF LUBBOCK, TEXAS, AND PROVIDING FOR THE COLLECTION OF SUCH
ASSESSMENTS, AND FOR THE ISSUANCE or ASSIGNABLE CERTIFICATES IN EVIDENCE THEREOF 1
ALLOCATING FUNDS, AND DECURING AN EMERGENCY.
ColiDiissioner __ P~r~io.:;c~e~~~~-:----moved that the ord1118.Dce be place on
third reading; seconded by Ooaisaioner Spikes and carrled by the
following votes
All DISllbers present voting AIE.
NO: None
CarriedJ Ordinance plaoed on third and final reading.
'aollmie•~•(q' .. ,..:;.....;;P..:;;ro.:i:..::c;..;:;:e;,_ ______ moved tba t the ordinance pass third
reading; seconded by Cou1ssioner Sp i kes and carried by the
following votes
A1.l members present votJ.ng AIE.
NO: None
Carried: Ordinance passed third e.nd final reading.
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ORDINANCE NO. ,_,~o8""'J""'2'----
AN ORDINANCE CLOOING HEARING AND LEVYING ASSESSMENTS FOR A PART OF THE COST OF
IMPROVING A PORTION OF AVENUE tfVtt 1 TEXAS AVENUE, 22ND STREET, 2)RD STREET 1 6TH
STREET, VAN VUREN AVENUE, 28TH STREET, PARIS AVENUE, HILL STREET, 3{n'H STREET, 31ST
STREET, )2ND STREET, NORTH UVALDE AVENUE, UVALDE AVENUE, AVENUE "L", 29TH STREET,
18TH STREET, AVENUE "K", .ALLEY NORTH -SOUTH AND EAST -WEST, BLOCK 105, ORIGINAL
TOWN ADDITION, 7TH AND "H", 25TH STREET, AVENUE "0", AVENUE "G", MONROE AVENUE,
27TH STREET, 3RD STREET, AVENUE "W" AND AVENUE "Xtt, SUCH PORTIONS 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 AS
SMENTS, AND FOR THE ISSUANCE OF ASSIGNABLE CERTIFICATFS IN EVIDENCE THEREOF, ALLOCAT
ING FUNDS, AND DECLARING AN EMERGENCY.
WHEREAS, the City of Lubbock has heretofore ordered that tbe hereinbelow mention-
ed portions of streets, avenues am/or alleys be improved b;y raising, _grading and
filling and paving, and b;y installing concrete c~bs and gutters and . storm sew~et
and drains where necessar,y on Units Nos. 521, 522, 617, 619, 620, 624, 627, 6)01 207,
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650, 651, 652, 653, 654, 655) 656, 657, 658, 659, 66o, 661, 662, 663, 664, 665, 666, t6e
668, 669, 670, 671, 672, 673, 674, 675, 676, 677, 678, 679, 680, 681, 682, 683, 684,
685, 686, 687, 688, 689, 690, 691, 692, 693, 694, 695, 696, 697, the paving to be
of quadruple course asphalt ·surface treatment (Inverted Penetration Type) on a
Six (6) inch compacted caliche base, together with necessary incidentals and
appurtenances, all as provided in the specifications prepared b;y the City Engineer,
now on file with said City; and Arrangement for the making and oonstruation of
suoh i111provements was entered into with the City of Lubbock, said streets, avenues
end alleys being as follows, to-ldt:
Texas Avenue Leaveout, Lot~ 17 and 181 Block 2, Dupree Addition, known and
designated as Unit No. 2(Yf · .
22nd-Street from its intersection with the West Property Line of Avenue P to its
intersection with the East Property Line of Avenue Q, known and designated as
Unit No. 521..,
23rd Street from its intersection with the West :e.roperty Line of Avenue P to its
intersection with the East Property Line of Avenue Q, known and designated as
Unit No. 522.
Avenue V f'rom its intersection with the South Property Line of )otb Street to ita
intersection with the North Property Line of 31st Street, known and designated
as Unit No. 617.
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6th Street .f'rom its intersection with the West Property Line of Texas Avenue to
its intersection with the East Property Line of Avenue J, known and desi~ted
as Unit No. 619
6th Street from i te intersection nth th'e West Property Line of Avenue J to it&!
lateri"*ilftyrithe thi Eut.uBrl5JlekfiJrnfdaedof Avenue K, known and designated as
Unit No. 620.
Van Buren Avenue .f'rom its intersection with the South Property Line ot 22nd Street
to its intersection with the North Property Line of 23rd Street, known and
designated as Unit No. 624.
.. 28th Street fro11 its intersection with the West Property Line of Avenue Q to its
intersection with the East Property Line of A..venue S, known and designated as
Unit No. 627.
Paris Avenue !rom its intersection with the South Property Line of 15th Street
to ita intersection with the lifth Property Line of 16th Street, known and designated
as Unit No. 630.
Hill Street !rom ita intersection with the West Propert7 Line of Avenue N to it&
intersection with the East Property Line of Avenue P, known and designated e.s
Unit No. 634 •
.3oth Street f'rom ita interseotion with the West Property Line of Avenue N to its
intersection with the East Property Line of Avenue P, known and designated aa
Unit No. 6.35 •
.31st Street trom its interaeotion with the East Property Line of Avenue X to it~
intersection with the East Propert7 Line of College Avenue, knom and designated
as Unit No. 636 •
.32nd Street from its intersection with the East Property Line of Avenue V to its
intersection with the East Property Line of Avenue w, known and designated as
Unit No. 6.37 •
.32nd Street from its intersection with the East Proper~y Line of Avenue W to its
intersection '111 th the East Property Line of Avenue X, known and designated as
Unit No. 638.
North Uvalde Avenue from its intersection with the South PrOperty Line of North
2nd Street tQA,ta intersection with the South Property Line· of 1st Street, known
and designated as Unit No, 6.39.
Uvalde Avenue from its intersection with the South Property Line of let Street to
its intersection with the North Froperty Line of 2nd Street, known and designated
as Unit No. 640!
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Uvalde Avenue from ita intersection with the North Property Line of 2nd Street to
its intersection w1 th the North Froperty Line of Jrd Street, known and designated
as Unit No. 641.
Uvalde Avenue from its intersection with the North Propert7 Line of Jrd Street to
its intersection with the North Property Line of 4th Street, known and designated
as Unit No. 642, ...-
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Avenue L from its intersection w.l.th the South Property Line of 26th Street West to
its intersection w1 th the North Property Line of 29th Street Eaet, known and
designated as Unit No. 643.
29th Street tram its intersection with the West Property Line of Avenue Q to its
intersection with the East Property Line of A..venue S, known and designated as
Unit No •. 644. ·
22nd Street from its intersection with the West PI'Qj,erty Line of Avenue W to its
intersection w1 th the East Propert7 Line of Avenue X, known e.nd designated as
Unit No. 645. ·
Avenue L .f"rom its intersection w1 th. the South Property' Line of 30th Street to its
inte~section with the South Property Line of Jlst Street, known and designated
as Unit No. 646.
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Avenue L from its intereection with the South Property Line of .31st Street to its;
intersection with the South Property Line of p2nd. Street, known £nd designated as
Unit No. 647.
Avenue L f'rom its intersection with the South Property Line of ~2nd Street to ita
intersection with the Center Line of'\_.3.3rd Street, known and designated as Unit
No. 648.
Avenue L from its intersection with the Center Line or .3)rd Street to its inter-
section w1 th the Nlillrth Propert)" Line of 34th Street, knoc and designated as
Unit No. 649.
18tb Street fro.11 ita intersection with the West Property Line of .Avenue A to its'
intersection with the West Property Line of Avenue B, known and designated as
Unit No. 650,.
18th Street from its intersection with the West ·Property Line of Avenue B to its
intersection with the West Property Line of .Avenue e, known and designated as
Unit No. 651.
18th Street trom its intersection with the West Property Line of .Avenue C to ita"!
intersection with the West Property Line of Avenue D, known and designated as
Unit No. 652.
18th Street trom i te intersection w1 th the West Property Line off Avenue D to its.
intersection with the West Property Line of Avenue E, known and designated as
Unit No .. 65).
18th Street from its intersection with the West Property Line of Avenue E to its
intersection w1 th the East Property Line of Avenue F, known and designated as
Unit No. 654.
18th Street trom its intersection with the West Property Line or Avenue F to its
intersection with the East Property Line of Avenue G, known aDd designated as
Unit No. 655 •.
2.3rd Street trom its intereaction with the West Property Line or Avenue L to ite
intersection wi tb the Center Line of Avenue ll North, known snd designated as
Un1 t No. 656.
23rd Street troll its intersection with the Center Line or Aven~ North to ita.
Intersection w1 th the EMt Property Line of Avenue N;\,known and deeignated as
Unit No. 657e ~ '/
Avenue K from ite interseotion with the South Prope;rty Line or 19th Street to its
intersection, w1 th the S~th Property Line of 2oth Streetj!!,know and designated
as Unit No. 658.
Avenue K from 1 ta interaeotion w1 th the South Property Line of 20th Street East
to ita interl!lection with the South Property Line or 21st Street East, known and
designated ae Unit No. 659., ·
Avenue K from its intersection with the South Property Line or 21st Street East to
its intersection with the South Property Line of 22nd Street East 1 known and
designated as Unit No. 660~
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Avenue K from its intersection with the South Property Line of 22nd Street East
to its intersection with the South Property Line of 2.3rd Street, knom and
designated as Unit No. 661•
Avenue K trom its intersection with the South Property Line of 2.3rd Street to
its intersection with the South Property Line of 24th Street, known and
designated as Unit No. 662,. -
Avenue K from its intersection with the South Properti Line of 24th Street to its.
intersection with the North Property Line of 25th Street, known and designated
as unit No. 66.3 •
.3oth Street from its intersection with the West Property Line cf Washington Avenue
to its intersection with the East Property Line of Adams Avenue, known and
designated as Unit No. 664.
Alley -North -South, Blook 105, Original. Town Addition, known and designated
as Unit No. 665.
Alley -East -West, Bloak 1051 Original Town Addition, known and designated as
Unit No. 666.
7th Street a.nd Avenue H1 29 feet West of East Property Line of Avenue H, Railroad
Right-or-Way, known and designated as Unit No. 668
.32nd Street from its intersection with the East Property Line of Railroad Right;...or-
Wq to its intersection with the East Property Line of Avenue N, known and
designated as Unit No. 669~
.32nd Street from its intersection with the West Property Line of Avenue N to its
intersection with the East Property Line of Avenue P, known and designated as
Unit No. 670.
25th Street from its 'intersection withf the West Property Lihe of Avenue L to its
intersection with the East Propertv Line or ,Ave~ue N, known and _designates as :&r>
Unit No. 671. J...',Q..\1\. CQ.."'-~\\.<e!-6 _::~c..A-~~b 4..""1::\.~ 'e ... .:ol<... 7 1 P.,,<-'-~t n1 ~ .:S-
Avenue U from its intersection with the North Property Line of North 2nd Street
to its intersection with the North Property Line of let Street, k.no1m and
designated as Unit No. 672. ....
Avenue U trom its intersection with the North Property Line 1st Street to its
intersection with the North Property Line 2nd Street, known and designated as
Unit No. 67.3. "-
Avenue U from its intersection with the North Property Line of 2nd Street to its:
intersection w1 th the North Property Line of .3rd. Street, Known and designated as
Unit No, 674.. ~ ·
Avenue U trom its intersection with the North Property Line or .3rd Street to its
intersection with the North Property LiDe or 4th Street, known and designated as _ !nit No. 675.
Avenue G from its intersection with the North Property Line of 4ttrrS:b. G to its
intersection with the North Property Line of Wolffarth Street, known and
designated as Unit No. 676.
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-· Monroe 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 Np, 671.
Monroe Avenue from its intersection w1 tb the South Property Line of 23rd Street to it • i
intersection with the North Property Line or 24th Street, known and designated as
Unit No. 678.
Monroe Avenue from its intersection with the South Property Line or 24th Street to
its intersection with the North Property Line o£ 25th Street, Known and designated
as Unit No. 679.
:Monroe Avenue from its intersection 1d th the South Property Line of 25th Street to
its intersection with the North Property LiDe of 26th StJ:"eet, knom and designated
as Unit No, 680 ..
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.Monroe Avenue from its interseotion with the South Property Line of 26th Street to
its intersection with the North Property Line of 29th Street, known and designated
as Unit No. 681.
32nd 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 U~t No. 6S2.
Joth Street from its intersection with the West Property Line 'or Monroe Avenue to
its intersection with the West Property Line of We;w'Of)t')~ Avenue, known and
designated as U!_rl. t No. 6SJ.
30th Street from its intersection with the West Property Line of Jackson Avenue to
its intersection with the West Property Line of Van Buren Avenue, known and
designated as -unit No. 684 ..
28th Street from its intersection with the West Property Line of Washington Avenue
to its intere~tion w1 th *he East Property Line of Ad8ll8 .Avenue, known and
designated as Unit No~ 685.
27th Street from its interseotion with the West Property Line of Avenue P to it~
intersection with the East Property Line of Avenue Q, known and designated as
Unit No. 686.
\ 3rd Street from its intersection with the East Property •Line of Vernon Avenue to '
its intersection nth the East Property Line o£ C-ollege Avenue, known and designated
aa Unit No. 687.
-32nd Street from ita intersection with the West Property Line or Avenue T to its
intersection w1 th the East Property Line of Avenue V, known and designated as
Unit No. 6ss. .
Avenue W from i te intersection w1 tb the South Property Line of 4th Street to its
intersection with the North Property Line of 5th Street, known and designated as
Unit No. 689.
Avenue X from its intersection with the South Property Line of 4th Street to its
intersection with the North Property Line of 5th Street, known and designated as
Unit No. 690.
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Avenue X trom its interseetion with the South Property Line of 5th Street to itsj
intersection w! th the North Property Line or 6th Street, know.n and designated as
Unit No. 691. .
. Avenue X trom its intersection with the ,South Property Line of 6th Street to its
intersection with the North Property Line of 7th Street, known and designated as
Unit No. 692.
Avenue X trom its intersection with the South Property Line of 7th Street to it~
intersection with the North Property Line or 8th Street, known and designated as
Unit No. 693.
Avenue X trom its intersection with the South Property Line of 8th Street to its
intersection with the North Property Line of 9th Street, known and designated as
Unit No• 694 •
'-Avenue W trom its intersection with the South Property Line ot 5th Street to ita;
interseotion with the North Property Line or 6th Street, known and designated as
Unit No. 695.
27th Street from its intersection with the West Property Line ot College Avenue
to its interseotipn with the East Property Line of Washington Avenue, known and
designated as Unit No. 696.
27th Street from its interseotion with the West Property Line ot lashington to
its intersection with the East Property Line of Adams Avenue, kno~ and
designated as UDi t No.. 697.
WHEREAS, tb.e City Engineer prepared rolls or statements tor the imprcwements in
eaoh District or Unit, showing the amounts to be assessed against the various par-
cels 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 time and
place was ~ed tor a hearing to the owners ot such abutting property, and to all
others in any wise interested, and due and proper notice was given, aDd suoh hearin
was had and held at the time and place fixed therefor, to....tt, on the 8th .
day of May , A. D. 1947 at 2:30 o'clock P. M., in the Com1ssion
Room 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 oons1dered and all prote ts '
and objections made were considered, ana said hearing was in all respects held in
the manner provided and required by' the Charter and Law in force in this City and
the proceedings of the City with reference to such matters, and the following pro ...
teste were made concerning the improvement in the units indicated namely: NONE.
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I And all objections and protests made ~re tully considered and said hearing was
continued from day to day and front t!Dle to time 'Wltil this date, and the City Co~ ,/ f
Dd.ssion haTing !uJ..ly and fairly heard all parties making any protest and all partie
desiring to be heard, and having .f'ully considered all matters presented tor oonside
ation, and having tully considered all or the evidence, and all pertinent and prope "b
11atters is or opinion that the following dispoei tion should be made ·or · such protes
and objections, and that assessments should be made as herein ordained~
THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK, TEXAS:
That all protests and objections, whether herein specifically mentioned or not,
shall be and the Selle are berebJ' overruled aDd the said bearing, wi tb. respect to
eaoh and all or said Units, is berebJ' closed.
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~e City Commission, from the evidence finds that the assessments herein levied
shall be made and levied against the respective paroels of property abutting upon
the said portions of streets and alleys, and avenues and against the owners of such
property 1 and that su.oh assessments are right and proper and established substantial
juatice and equality and uniformity between the respective owners and respective pr
perties, and between all parties concerned, considering benefits received and burden
iapoaed, 8lld rurther !indo that in each case the :~ing propert:r aososood ill speo-
~ ially benefited in the enhanced -.,alue thereof by me or the improvement in the
Unit upon which the partinlar property abuts, an or which assessment ie levied,
in a su in excess of the assessment levied against same b7 this ordinance, and .fUr-
ther finds that the apportionment of the cost of the improvements is in accordance
with the proceedings heretofore taken and hati with reference to such improvements
and is in all respects val~O. and regul..sr0
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That tb.ere shall be and is herebJ' levied and assessed against the pareels or pro-
pe~erein below mentioned and against the real an~ true owners thereof, whether
such owners be correotJ.y ne.med herein or not, the sums of money below mentioned and
itemized shown opposite the description of the respective parcels or property; the
~descriptions or such property, and several amounts assessed against same, and the
owners thereof, being as follows s
(Rolls inserted in Original Copy of Ordinance and in' separate Ordinance Bbok.)
s.
IV.
That the assessments so levied are tar the impravements in the particular Unit
upon whioh the property described abuts, and the usesaments for the improvements .
in one Unit are in nowise related to or connected with the illprovements in 811'1 other
Unit, and in maktng assessments and in holding said hearing the amounts so assessed
tor improvements in one Unit have been in nowise af'fected by &lJ'f fact in &n7 ldse
••ue•'\•0 wi" t~• iupreTem••, or 4M u••••meat• tberetor, or U7 •t~er ujA•
v.
That the several sums above mentioned assessed against said parcels of property 1
and against the real and true owners thereof, and interest thereon at the rate or
six {6) per cent per annum, together with reasor14ble attorney's fees and costs of
collection, if incurred, are hereby declared to be and made a lien upon the respec-
tive parcels of property against whioh the same are assessed, and a personal liabi-
lity and charge against the real and true owners thereof, whether or not such o~ers
be correctly named herein, and such liens shall be and constitute the first enforce-
able claim against tne 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 t'olloWI!I, to""'d t: ·
In five equal installments, the first p81"flble on or before ten (10) days atter
the completion and acceptance by the said City of the improvements in the unit upon
which the particrolar property abuts; the seoond installment due on or before one
year fro11 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. said date of completion and acceptance, the firth
installment due on or before four years from said date of completion and acceptance;
and such assessments shall bear interest from the date of such completion and ac-
ceptanoe at the rate of 6% per annum, payable annually w1 th each i.n8tallment, so
that upon completion and acceptance of the improvements in a particular unit assess-
ments againet the property abutting upon such complete~ and accepted unit shall be
and beeome due and payable in such installments am w1 th interest from the date of
suoh completion and acceptance, provided that any owner shall have the right to pay-
off the entire assessment, or any installment thereof, before maturity, by psy1Mnt
ot 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 whioh suoh default is made shall, at the option of the
City of Lubbock, or its assigns, be and become immediately due and payable, and shal
be collectible with reasonable attorney's fees and oosts of collection, if incurred.
VI.
The City of Lubbock shall not in any manner be liable far the J>8111lent of any
sUIIS hereby assessed against any property and the owners thereof, but said City or
Lubbock shall look solely to said property 1 and the owners therof, tor payment of
the sums assessed against the respective parcels of property; but said City shall
ex~rcise all of its lawfUl powers to aid in the enforcement and collection of said
liens and assessments, and it default shall be made in the payment of any assess-
ments 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 pro-
vided for the sale of property for tbe non-payment of ad valorem taxes, or, at the
option of City of Lubbock, or its assigns, pa)'lll8nt of said sums shall be enforeed
by suit in any court having jurisdiction.
VII. 9.
For the purpose of evidencing the several sums assessed against the said parcels
or property, and the owners thereof, and the time 8lld terms or pqment, and to aid
in the enforcement thereof, assignable certificates shall be issued by the City of
Lubbock upon the oompletion and acceptance of the work ill each Unit of improvement
as the work in such Unit is completed and accepted, ~ch certificates shall be
. executed by the Mayor in the name of the City, attested by the Ci t1 Secretary with
the corporate seal, and shal1 be payable to City or Lubbock or its assigns, and shal
declare the said amounts and the time and terme of payment and rate of inter4st and
date of completion and acceptance of the improvements for which the certificate is
issued, and shall contain the name of the owner as accuratel7 as possible, and the
description of the property b;y lot and block number, or :front feet thereof, or such
other description ae 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 sW.l
be sufficient, or if the name of the owner ~nown, then to so state shall be sur ...
f'1cient, and no error or mistake in describing an1 propert1, or in giving the name
of any owners, shall in any wise invalidate or impair the assessment levied hereby'
or the certificate issued in evidence thereof.
The said certif'1oates shall t'u.rther provide substantially that if default shall
be made in the pqment of any instalmnt of principal or interest when due, then,
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 attorne11 s fees and coste of collection, if incurred. And said cer-
tificates shall set forth and evidence the personal liabilit1 of the owners of such
propert1 and the lien upon such propert,., and shall provide in effect if default
shall be made in the payment thereof the same aa.y be enforced either by the sale of
the property by the Tax Colleotor and Assessor of the C1 ty of Lubbock, as above re-
cited, or by' suit in urr court having jurisdiction.
The said certificates shall. further reoi te in effect that all proceedings w1 th
reference to making said improvementa have been regularly had in compliance with the
law in Coree and proceedings of the City of Lubbock, and that all prerequieitee to
the fixing of the lien and claim of personal liability evidenced bT such oertifi~
tee have been regularl1 done and performed, whioh recitals shall be evidence of the
matters and facts so recited, and no further proof thereof shall. be required in an7
court.
And the said certificates may have coupons attached thereto in evidence of each
or any of the several installments thereof, or the1 may ha.ve coupons for each of the
first four installents, luving the main certificate for the fifth.
Said certificates may further provide substantially that the amounts payable .
thereunder may be paid to the Collector of Taxes of the City, who shell issue him
receipt therefor, which receipt shall be evidence or such payment upon any demand
for the aame., either b;y virtue or the said certificate or any contract to pay the
same entered into by the property owners, and that the Collector of Taxes will de•
posit all. sums so received by' him forthwith with the City Treasurer, and upon the
payment of ~ installment with interest upon the surrender of the coupon therefor,
receipted in f'ull by' eaid Contractor, or other holder of said certificate, the City
Treasurer shall pq the amount so collected and due thereon to said Co11traotor, or
other holder, which ooupons so receipted shall be the Treasurer's Warrant for pay-
ment.
And the said certificates shall further provide ill effect that the City of Lubboc
shall exercise all of its lawfUl powers, when requested so to do b,y the holder of
said certificates, to aid in the enforcement and collection thereof, and said cert-
ificates ~ contain other and further recitals pertinent and appropriate thereto.
It shall not be necessar.y that said certificates shall be in the exact form as above
set forth, but the substance and effect thereof shall suffice. J
'·
·v
VIII.
'!'he assessments levied by this ordinance for the improvements in each Unit are
altogether separate and distinct :f'rom. assessments in each and every other unit,. The
assessments for improvements in one unit are in nowise attected by the improvement~
~n or the assessments levied for the improvements in any other unit, and in making
and levying assessments the cost of the improvements in each Unit, the benefits by
means or the improvements, 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 improve-
ments 1n any unit shall in nowise affect or impair the validity of assessments for I the improvements in any other unit. The omission or improvements in ~ particular
unit in tront of any property erempt from the lien of such assessments shall in no-
wise affect or impair the validity of assessments against other property in that
unito
IX.
No mistake, error, invalidity, or irregular! ty :1n the name of any property owner,
or the description of any property, or the uount of any assessment, or 1n 8'Jl7
other matter or thing, shell :1n any wise invalidate or impair any e.ssessment levied
hereby or any certificate issued, and any such mistake, error, invalidity, or irreg-
ularity, whether in euch assessment or in the certificate issued in evidence there-
of, may be corrected at any time b.1 the City.
x.
All assessments levied are a personal liability and charge against the real and
true owners of the premises described, notwithstanding auch owners may not be named,
or may be incorrectly named.
XI.
All funds obtained and accruing from the certificates herein provided for shall
be placed in the Street Improvement Fund and drawn upon to finance the improvements·
herein contemplated and the MQyor is authorized to execute the certificates for
such purposes,.
Passed and approved this the 8th day of Ma~ , A. D., 1947.
Passed and approved this the 22nd day of Ma J::-~ , A. D., 1947 ..
I
Passed and approved this the 5th dq of J'une 1 A. D., 1947.
~
Mayor
ATTEST:
City Seoritary
.