HomeMy WebLinkAboutOrdinance - 893-1948 - Levying Assessments For Improving Portion Of Jackson Ave. - 12/09/1948l
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ORDIIANC& NO. 893 0 I -l 3 -L.9 4-9
ri'HE STATE OF TEXAS I
~OUNTY O.F LUBBOCK I
On this the ~ da7 of Deceaber, 1948, the City Commission of the Cit7 ot
Lubbock, Texas, in the aboge mentioned count71 convened in Begular Session, ih
the Regular Meeting Piace in the said Cit7, the Members thereof to-wit:
W. H. ROOOIRS w. B. Price
Clarence K. Whiteside
i. K. Hufstedler Jr .
John Snikes
Vaughn E. Wilson
Lavenia Wi l liams
II. R. Sllith, Jr.
Absent: None
•1or
Couissioner
Co!IUiissioner
CoiiiiDi.ssioner
Coaissioner
Cit7 Attorne7
City Secreta17
City Manager
being present, and passed the tollowiDg ordinance:
Ordinance No. 893
AN 01\DI!WJCE CIDSING BI.ARIKi AND IEVYilii ASSESSIEMTS FOR A PART OF THK
COST OF IKPROVI!G A PORTION OF JACKSON AVUUE, WACO AVUtJE, )2nd S'l'RIET, 31ST
STREET, JEFFERSON AVEIUE, II)NROE AVENUE, 2ND STREET 1 26TH STREET, 3RD STREET,
AVENUE 0, 1ST STREET, AVENUE C, lfAIN STREET, AVENUE L, AIJ) TEXAS AVENUE, SUCH
PORTIONS BEIKi lllRi PARTICULARLY DESCRIBED IN THE PAVI!Ii ASSISS.IIUTS OF THI
CITY OF LUBBOCK ATTACHKD HERE'l'O AID IM.DI A PART HKREOF AND POF.TIOIS OP SlJRDRY
OTHiR STREETS, AVENUES AID ALLEYS II THE Ott! OF LUBBOCK, TEXAS, AND P.ROVIDitli
FOR THE COLLECTION OF SUCH ASSESSIBNTS, AND FOR 'l'HE ISSUAICE OF ASSIGHABIM
CERTIFICATES IN .EVIDEICE THERmF, ALIDCATI~ l'UIDS.
Com~issioner Price, .oved that the ordinaDCe be placed on its first reading,
secoDded b.Y CommlssioDer lhiteside and carried bJ the following vote.
All .eabers votiDg AYE
CARRIED: Ordinance placed on first reading.
Couisaioner Price aoved that the ordinance pass first readiug; aecoDded bJ
Commissioner Whiteside, aDd carried b.1 the following votez
ALL MEMBEf,S VOTI~ AYE.
N01 Bone.
CARRIED: Ordinance passed first reading.
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~TATE OF "TF:US t porr.tm OF LUBOOCK J
On this the 20th day of December, 1948, the Cit7 CoiiiiDission ot the City ot
Lubbock, Texas, in the above Mntioned count,., coveraed in Recessed Regular
Session, Recessed from Regular Meeting of Deceaber 9, 1948, at the Regular
leetiDg Place in the City Hall, the following .abers thereof being present, to-wita
MAYOR W. H. ROOOERS,
Commissioners: w. B. Price
E. K. Hufstedler, Jr.
Clarence K. Whi tea ide
Cit7 Attorne,y Vaughn E. Wilson
City Secreta17 La venia Williaas
Ci ty llanager M. R. Sm1 th, Jr •
.lBSEBT: Collllllissioner John Spikes
and passed the following ordinance on Second Readimg.
ORDINANCE 110. 893
AB (IU)IIAICE CIDSIM} HEARI1Ii AND LEVYII«< ASSISSI£HTS FOR A PART OF THI
COST OF IIPROVIIIi A PORTIOlf OF JACKSOI AVEIJUE, WACO AVUUE, 32HD STREET, 31ST
STRUT, JEFFBRSON AVENUE, lllNR~ AVEIUE, 2:tm STRIET, 26TH STREET, 3RD STREET,
AVElflJE o, 1ST STREET, AVEBUE C, MAIN STRUT, AVENUE L, AND TElAS AVEBOE, SUCH
PORTIONS BEING DE PARTICULARLY DESCRIBED IN THE PAVING ASSESSMENTS OF THE
CITY OF LUBBOCK ATTACHED Hi11ETO AND IADI A PART HEREOF AND FOI\TIONS OF SUNDRY
OTHEh STREETS, AVENUBS AND ALLEYS IN THE CITY OF LUBBOCK, T.EIAS, AND PROVIDil£
FOR THE COI.l£CTIOI or SUCH .ASSISSI&Ul'S, AND FOR THE ISSUANCE OF ASSIGNABlE
CERTIFI~TES IN EVIDEJJCE THBEEOF, AUDCATIZG FUNDS.
Co-.issioner Pri~e IIIDYa:flthat the ordinance be placed on its secoDd1 nading;
seconded b7 Couiaaioner Whiteside and carried b;y the following vote:
ALL MEMBERS VOTIID AD
N01 Bone.
CARRIED: Ordinance Placed on second reading.
Commissioner Price moved t~t the ordinance pass second reading;
seconded by Com1aeioner Whiteside, and carried by the following vote:
ALL EIEERS PRESENT VO'l'IIGs AIJ.
NOa lone
CARRIED: Ordinance passed secood reading.
StATE t>F TnAS
COUNTY OF LUBBOCK J
On this the 13th day of January, 1949, the City Commission of the City of Lubbock,
Texas, in the above mentioned county, convened in Regular Session, in the regular
meet!~ place in said City, the following members thereof being present, to-wit:
AIA!Oh w. H. Rodgers.
Commissioner Clarence K. Whiteside
Commissioner 1. B. Price
Commissioner B. K. Hufstedler, Jr.
City Attornq Vaughn B. Wilson
City Manager M. R. Smith, Jr.
Ci. ty Secretary La venia Williams
Absent: Co•issioner John Spikes.
and passed the following ordinance on third reading:
OJU)INANCE NO. 893
AN ORDINANCE CI.OSI~ HJWU!G AND LEVYIOO ASSISSIEHTS lOR .l PART OF THE COST
OF IIIPROVII«< A PORTIOH OF J.lCKSO!l AVENUE, WACO AVEBUE, )2ND STREET, 31ST S'l'RE8T,
JBFFUtSON AVENUE, II>NROE AVElfUB, 2ND STREET, 26TH S'l'REET, 3RD STREET, AVENUE O,
1ST STREET, AVENUE C, MAIN STREET, AVENUE L, AND TEXAS AVENUE, SUCH PCiiTIO!lS
BBIZ«l DE PARTICULARLY DESCRIBED IN THE PAVIIIi ASSISSIIENTS OF THE CITY OF
LUBBOCK ATTACHED HBRETO AND MADE A PART BE'EiBOF AND PO\'l'IONS OF SUNDRY Ol'HER
STREETS, AVENUES AND ALLEYS IN THE CITY OF LUBBOCK, TEXAS, A.ND PROVIDII«} FOR
THE COLLECTION OF SUCH ASSESSMEH'l'S, AND ~ THE ISSUANCE OF ASSIGMABLE CERTI•
FICATBS IN EVIDENCE THEREOF, ALIDCATIJri FUNDS.
Commissioner Whiteside moved that the ordinance be placed on third readingJ
seconded b,r Commissioner Price ~Dd carried by the following voteJ
ALL IIEIImRS PBESENT VO'l'Illi AYE.
NO: Jlone
CARRIED: Ordinance placed on third and final reading.
Commissioner Whiteside moved that the ordinance pass third and final
reading; seconded ~ Commissioner Price and carried by the following Yotea
ALL MEMBERS PF\ESENT Va!'Il«< AYE.
NO~ Jlone
CAI\RIEDt Ordi:nance passed thi rd and final reading.
The Ordinance follows a
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ORDINAi\JCE NO •. _S_;;,9~3 __
AN ORDI1.f.ANCE CLOSING HEARING AND LEVYING ASSESSHENTS FOR A PART OF THE
COST OF TI.iPROVINO A PffiTION OF JACKSOH AVKiUE, 1-TACO Av""E. UE, J2nd STREET, 31ST
STREEI', JEFFERSOlf AVEKUE, l10NROE AVENUE, 2i:TD STREEI' i 26TH STREET, JRD, STREET,
AVE:mE O, 1ST S'l'REEI', AVEI\UE} C, lvu\Il'l" pTREET, AllENDE L, AND TEXAS AVEI.~UE,. SUCH
PORTIONS BEING t•!ORE PARTICULA..11.LY DESCRIBED IU THE PAVIIJG ASSES&•lEHTS Qli' THE
CITY OF LUBt OCK ATTACHED HERETO AND MADE A PART HEREOF AND PORTIONS OF SUi DRY
OTHER STREE1'S, AV....d UES AliD ALLEYS IN THE CITY OF LUBBOCK, fEY..AS., AND PROVIDII.G
1<'0R THE COLLECTION OF SUCH .ASSESStOOYTS, AND FOR l'HE ISSUA!': CE OF ASSIGl ABLE
CERTIFICATES I N EVIDENCE THEREOF, ALLOCATI .G FIDIDS ..
'' WHEREAS, the City of Lubbock has heretofore ordered that the hereinbelm-r
mentioned portions of streets, avenues and/or alleys be improYed by raising,.
gradi~g and filling and paving, and by installing concrete curbs and gutters
and drains where necessar.y on Units Nos. 707, 709, 710, 713, 716, 721, 722,
723, 725, 726, 730, 731, 732, 762, 763, 764,. 765, 790, 779, 780, 781.,. 782, 784,
803, 777, and 811, the paving to be of quadruple course asphalt surface treat-
ment (Inverted Penetration Type) on a six (6) inch compacted caliche base,
to~ether 1.rith necessary incicrentals and appur·benances, all as provided in the
specifications prepared by the City Engineer, no\f on f:i::le with_ said City; and
arrangement for the making and construction of such :improvements and conbract
t-ras entered into 1rith the City of Lubbock, said streets, avenues and alleys
being as follot-rs, to-l·r.i.t:
Jackson Avenue from its intersection \-r.i.th the South Property Line of 26th
S·breet to it's intersection with the North Property Line of 28th Street, kno1m
and designated as unit l~o. 707.
Waco Avenue from its intersection \•ri th the South Prop erty Line of Sanders
Street to its intersection i.J"ith the !l orth Prop erty Line of 3rd Street, 1mmm
and designat~l as Unit o. 709.
Wa.co Avenue from its intersection 1.rith the South Fro erty Line of 3rd Street,
to its inter_section vrith the 1 orth Prop erty Line of 4th Stre t, lmolm end
desi rna:ted as Unit .o. 710o
32nd Street fron its intersection "~Jr.i. th the West .1: roperty -.ine of Avenue P to
its intersection ivi th the East Property Line of Avenue r , knmm and desir-n--ted
as Unit ~.o. 713.
Jlst Street fro:a its intersection .dth the Test Prol-'erty Line of Adam s AY enue
to its inter~ection uith the Ea st rror:erty Line .of Jefferso11 Avenue, knolm
and desi~nate n ~s Un it No. 716 •
Jefferson Avenue from its intersection uith the North ro•J -rty Line of Colle ·e
Vieu Addition to its intersection uith the orth Pro .erty Line of 32nd Street,
knom1 and des i "'l ~"ted as Unit no. 721.
31st Street fro:n its intersection uith the East :'ro.erty ....... Line of S1.mshine
n.ddit.ion to its intersection l·r.i. th U. S. Hi;h.-1ay ~ o. 87, kno\m and design::Ltecl
as Uni.t 'No. 722.
Honroe A.venue from its intersedtion with the South Property Line of 21;)th Street
to its .intersection with ·the north Property Line of 32nd Street, knoun and
design ~ted as Unit I o. 72J.
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2nd Street fror1 its intersection tdth the West Pn:0perty Line of Vernon Avenui;
to io't s inters ection Hi th the East Property Line of 'vTaco Avenue, known and
designated a s Unit Noc. 725.
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2nd Street from its intersection with the East Property Line of Naco Avenue
to its in·~ersection '-lith the East 1·'r operty Line of College Avenue , l:nmm and
/ designated as Unit No. 726.
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Monroe Avenue from its intersection Hith the South Prop erty L ine of: 32nd Street
to its intersection \v.i.th the South Property Line of 33rd S·iireet, k nmm and
designated as Unit lfo. 732.
26th Street from its interse ction l·r.i.th the ltlest r roperty Line of h onroe Avenue
to its intersection lrith the East Property Line of Jackson Avenue, 1mo1m and
designated as Unit 1 o.. 762,."
26th Street fram its intersection with t he West Property Line of Jackson Avenue
to its intersection vrith the Hest Prop erty Line of Van Buren Avenue, knol-m
and designated as Unit No., 763.
26th Street from its inte rsection 't·rith the \<lest Property Line of Van 5 uren
Avenue to its inters ection with the West Prop erty Line of Harrison Avenue ,
knm-m and d e signa t e d as Unit No.. 764 ..
26th Street from its intersection with the West f'roperty Line of Harrison
Avenue t.o its i~:tersection VTith the . .;est Prop erty Line of Tyler Avenue, lmovm
and desiznated ns.-Unit il'oo 765 ...
26th Street from its intersection with the West Property Line of Tyler Avenue
to its interGe ction 1dth the West Prop erty Line of Polk Avenue, kno'~<m and
designated a s Unit •·T o. 790.
31st s·treet from its intersection Hith the .~est Property Line of :i J.Onroe Avenue
to its intersection with the ~~est Prop erty Line of 'Jan Buren Avenue, kno1-m
a nd designated as Unit No. 730.
3r(LStreet from its intersection Hith the West l 'rop erty Line of Avenue U to /
its intersection with the East Property Line of Uvalde Avenue, kno1-m nnd
designs,ted as Unit No. 731.,
3rd Street from its intersection vr.i. th the West Property Line of Uvalde Avenue
to its intersection -vri th the East Property Line of Vernon avenue, k nmm and
designated as Unit Noo 777.
Avenue 0 .from its intersection vri th the South Gutter Line of 4th Street to its
intersection ~rith the ~outh Property Line of 6th Street, knoi-m and design ated
as Unit Ho. 781.
1st Street from its intersection with the West froo erty Line of Avenue U to
its inte:L .. section with the East 1-roperty Line of Uvalde Avenue, lmo-vm a nd
designated as Unit No. 784.
Avenue C from its intersection 1-Tith the South Prop erty Line of 4th Street to
its intersection t-rith the South Pro p erty Line oi' Hain Street, k n own and
designated as Unit No. 779.
Ma in Stree t from its intersection t-r.i th the Hest PropeBty Line of Avenue A to
its inters ection with the East Property Line of A.venue c, known and Designated
as Unit No . 780.
Avenue L from its intersection l·Tith the South G-qtter Line of 4th Street to
its intersection 1vith the North Prop erty Line of 6th Street, known and desig-
nated as Unit No. 782.
Avenue L from its intersection l·Iith the South Property Line of 6th Street to
its intersection 1.-1ith the Ir orth Property Line of' 7th Street, lmow.n and desig-
nated as Unit l lo. 803.
Texas Avenue Leaveout in 2700 Block at 2705 -Texas, Lot 5, Block 5, J. D,
Harkey Subdivision, kno'tm and desig nated a.s Unit No. Sll.
~lHEREAS, the. City En gineer prepa red rolls or statements for the improvements·
in each Unit, sho1.-r.ing the a"Uounts to be assessed against the various pa1•cels
of abutting property, and the Olmers thereof, and showing other matters and
things; end same were exrunined by the City Commission and approved, and a time
and place 1-ras fixed for a hearing to the 01mers of such abutting proper·l:iy, and
to all others in any uise interested, and due and proper notice l<tas given, s.nd
suoh hearing ·-:ras h a d and held at the time and place fixed therefor, to-1.d t, on
the ...,9tn day of De-cember.::, A. D., 19!~ at 2:00 otclock P. H., in the Commission
Room in the City of Lubbock, Texas, and at such hearing all desiring ·co be heard
l.-Tere fully and fairly heard, and evidence was received and considered and all
protests and objec-tions !ll..a.de uere considered, and said hearing vras in all respects
held in the nanner provided and required by the Charter and Lal.·T in force in tllis
City and by the proceedings of the City t..rith reference to such matters, a'l'l.d the
following protests Here made concerning the improvement in the 1.mits indicated
namely: 11,QNE.
A.11d all objections and protests made were fully considered and said hea.ring
us.s continued from da,y to day and from time to tirne until this date, and the City
Connnission having fully ahd fairly heard aJ..l parties ma...ldng any protest and all
p arties desiring to be heard, and having fully considered all matters presented
for consideration, and having fully c~1sidered all of the evidence, and all
pertinent and proper matters is of opinion that the follot·r.ing 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 CQrifr.USSIOii! Oii' 1'HE CITY OF LUBBOCK, TEXAS:
I.
That al.l protests and objections, whether herein specifically mentioned or
not, shall 'be md the same are hereby overruled and the said hearing, 1.-Ti th respect
to each and all of said Units, is hereby closed. ·
II •
. The City Co~~ssion, from the evidence finds that the assessments herein
levied shall be made and levied against the respective parcels of property abutt-
ing upon ·bhe sa.id portions of streets and alleys, and avenues and against the
ov.m.ers of' such prop erty, and that such assessment~are right and proper and
established substantial justice and equality and uniformity between the respective
owners and respective properties, and between all parties concerned, conaidering
benefits received and burdens imposed, aDd further finds that in each case the
abutting property assessed is speciallY benefited in the enhanced value thereof
by Mans or the i•prove11ent in the Unit upon which the particular property abuts,
and for which assea1.ent is levied, in a sum in excess of the assessment levied
against same by this ordinance, and further finds that the apportioJlll8nt ot the
cost ot the improvements is in accordance with the proceedings heretofore taken
and had with reference to such improvements and is in all respects valid aDd
regular.
III.
That there shall be and is herebY levied and assessed against the parcels o£
property herein below mentioned and against the real aDd true owners thereat,
whether such ovmers be correctlJ Damed herein or not, the sums of money below men~
tioned and itemized shown opposite the description ot the respective parcels of
propert,-; the descriptions of such propert7, aDd several aaounts assessed against
same, aDd the owuers thereof, bei~~g as tollowas
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IV.
That the assessments so levied are tor t~e improvements in the particular ·
Unit upon which the property described abuts, and the assessments tor the taprove-
aenta in one Unit are in nowise related to or connected with the iaproveaente
in arv other Unit, and in 118JciJ:W assessaenta and in holding said heariQg the
aaounts so assessed tor iaprove~aenta in one Unit have been in nowise affected
b7 &JV" fact in aJV riae connected with the iaprovements, or the assessments
therefor, or aJV' other unit.
v.
That the several swu above mentioned assessed against said parcels of
property, and against the real and true owners thereof, and interest thereon at
the rate ot six (6) per cent per annum, together with reasonable attorn~1 a tees
and costa ot collection, if incurred, a~e hereb,y declared to be and made a lien
upon the respective parcels of property against which the same are assessed, and
a personal liability and charge against the real and true owners thereof, whether
or not such OWDera be correctlY na.ed herein, and such liens shall be and con·
stitute the first enforceable claia agaillBt the prOperty assessed, and shall be
a first and paraaount 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-ri.ta
In five equal installments, the first payable on or before ten (10) days
attar the coapletion aDd acceptaDCe by the said City of the improve•nts in the
unit upon which the particular property abuts; the second install•nt due on or
before one year from said date of completion and acceptance, the third install-
ment due on or before two years from said date of completion aDd acceptance, the
fourth inatallaent due on or before three 7eara from said date of completion aDd
acceptance, the fifth installment due on or before four years from said date of
caapletion and acceptance; and such aaeess.ants shall ~ar interest troa the
elate of sulh c011pletion and accep~nee at the rate ot-6% per &DDWI, payable
annual}¥ with each installment, sb that upon c011pletion aDd aoceptaDCe of the
improve~~ents in a particular un1 t assessaents against the propert7 abuttiDg upon
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such completed e.nd accepted unit sha.ll be and become due f'.nd payable in such
installments and with interest from the date of such comp letion -and acceptance,
provided that any ovmer shall have the right to pay off the entire asses sment, or
any instalJJnent thereof, before maturity, by pay1nent of principal -and accrued
interest, and provided furt~er that if default shall be made in the payment of
any installment promptly as ~he same matures, then t..he entire a.nount of the
assessnent u on which such default is made sh:-.11, at the option of the Cit,y of
Lubbock, or its assigns, be and become immedi a tely l ue and r:>ayable , and shall
be collectible with reasonable attorney's fees and costs of collection, if
incurred.
VI.
The City of Lubbock shall not in any manner be liable for the p~ent of
any sums hereby assessed against any property and the owners thereof, but said
City of Lubbock ohall look solely to said property, and the mm.ers thereof, for
payment of the sums assessed against the respective parcels of property; but said
Gity shall exercise all of its la-vrful pol..rers to aid in the enforcement and
collection of said liens and assessments, and if default sh all be made in the
peyment of 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·oossible in the manner provided for the sale of property for the non-
p~ent of ad valorem taxes, or, at the option of City of Lubbock , or its
assigns, p~ent of said sums shall be enforced by suit in any covxt having
jurisdiction.
V II.
For the purpose of evidencing the several sums assessed against the said
parcels of l)rouerty, and the 0\.m.ers thereof , and the ·ti:r:le and terms of payment,
and to aid in the enforcement thereof , assignable certificates shall be issued
by the City of Lubbock upon the completion and acceptance of the 'fork in each
Unit of improvement as the vTork in :mch Unit is completed o.nd accepted, t,fhich
certificates shall be executed by t..~e l1ayor in the name of the City, attested by
the City Secretary with the corporate seal, end shall be p~able to City of
Lu )bock or its assigns, and shall declare the said Blllounts and the time and
terms of p ayment and rate of interest and date of completion and acceptance of
the improvements for which the certificate is issued, and shall contain the name
of the Oimer as accurately as possihle, and the description of the property
by lot and block number, or front feet thereof, or such ot her description as may
otherHise identify the same, -and if the said property shall be o\o.'Iled by an estate ,
then to so state the description thereof as so mmed shall be sufficient, or if
the name of the otm.er beunknown, then to so state shall be sufficient, and 110
error or misto.J{e in describing any p ro perty, or in giving the name of any owners,
shall in any uise invalidate or impair the assessment levied hereby or the certi-
ficate issued in evidence thereof.
The said certificates shall f urther provide substantially that if default
shall be raade in t h e payment of any installment of prin~ip al or interest when due,
then, at the op tion of City of Lu bbock, or its assigns, the whole of the said
asse s sment evid enced thereby shall at once become due and p~able, and sh al l be
collectible t-ii th reasonable attorney's fees and costs of collection, if incurred.
And said certificates shall set forth and evidence the personal liability of the
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owners of ,such property and the lien upon such p roperty, and shall provide in
effect if default shall be made.in ·~he payment thereof the same may ~ enforced
either by the sale of the property by the Tax Collector and Assessor of the City
of Lubbock, as above recited, or by suit in aqy cot~t having jurisdiction.
The said certificates shall further recite in effect that all proceedings
with reference to making said improvements have been regtuarly had in compliance
with the lavr in force and proceedings of the City of Lubbock, and that all pre-
requisites to the fixing of the lien and claim of personal liability evidenced
by such certificates.have been regularly done and performed, which recitals shall
be evidenced of the matters and facts so recited, and no further proof thereof
shall be required in any court.
And the said certificates may have coupons attached thereto in evidence of
each or any of the several installments thereof, or they may have coupons for
each of the first fom .. installments, leavine the main certificate for the fifth •.
Said certificates may further provide substantially thrd~ the amounts payable
thereunder may be paid to the Collector of Taxes of the City, l.fho shall issue
him receipt therefor, t.>shich receipt shall be evidence of such pa.yme11.t upon any
demand for t.he same , either by virtue of the said certificate or any contrac~""·---H
to pay the same entered into by the property o~mers, and that the Collector ~
of Taxes uill deposit all sums so received by him forth'l<rith uit.h the City Treas'Ur-
er, and upon the payment of any installiaent w th interest upon the surrend er of
the cou:pon therefor, receip ted in full by said Contractor, or other holder of
1 j said cer't;ificate, the City Treasurer shall pay the amount so collected and due
. V thereon to said Contractor, or other holder, . l-Thich coupons so receipted shall be
the Treasurer's Harrant for poyment.-
And the said certifica tes she.ll further provide in effect that the City of
Lubbock shall exercise all of its la1-1ful p o'l.oTers, uhen requested so to do by the
holder of said certificates, to aid in the enforcement and collection thereof,--
and said certificates may contain oth er and further recitals pertinent and
appropriate thereto. It shall not be necessary that said certifica tes shall be
in the exact form as a bove set forth, b ut the substance and effect thereof shall
suffice .
VIII.
The assessments levied by this ordinande for the improvements in each Unit
are altogether separate and distinct; from assessments in each and every other unit.
The assessments for Dnprovements in one unit are in nowise affected by the
improvements in 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 of the improve!nents, and all other matters and things tdth
reference to the imp rovements in each Unit, have been considered, and determined
altogether Hi thout reference to any such matters in any other unit, a..ild the omis-
sion of the improvements in any u.11.i t shall in nouise affect or impair the
validity of assessments .for t h e imp rovements in any other U..T'lit. The omission
of improve-:1ents in any particular wri. t in front of any n ro>')er·t;y exempt from the
lien of such asses sme nts shs.ll in nm..rise a ffect or imp air the validity of assess-
ments against other prop erty in that tmiJ~~.
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IX.
No mistake, error, invalidity, or irregularity in tre n ar e of any p rope':t:ty
olmer, or the descrip tjon of any u roperty, or ·t.he amount of any assessment,
or in w.:y other ma tter or thing , shall in any wise invalidate or impair any
assessment levied hereby -or any certificate i ssued, and any such mistake, error,
invalidity, or irreg ularit,y, Hheth er in such assessment or in the certificate
issued in evidence thereof, may be corrected at ro.ry t,ime by the Gi ty.
x ..
All assessments levied are a personal liability and charge ag ~inst the real
and true o\-mers of the premises described, not't~ithstanding ~u ch o m.ers D.y not
be named, or amy be incorrectly named.
All ftL~ds obtained and accruing from the certificates herein p rovided for
shall be placed in the Street Improvement Fund and dra\m U.J on to finance the
improvements herein contem?lated and the M~or is uthorized to execute the
certific~tes for such pur~oses.
Passed and a :proved this the 9th_ day of _ December
Passed and ap~?roved this the __.69~ day of _i)t,ce mbe r
, A. Do J-94_!_.
0 , A. D. 19L~_§_o
~ Passed and approved this the 13th day
ATTEST :
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