HomeMy WebLinkAboutOrdinance - 906-1949 - Levying Assessment Cost Of Improving Ave M, Ave W, ETC. - 04/07/1949STATE OF TEXAS t
COUNTY OP LUBBOCK I
ORDINANCE NO. 906
04 -0 =t -1..94-...9
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On this the 7th day of "imii", 1949, the City Conrnission of the
City of Lubbock, Texas, in the above mentioned county, convened in
Recessed Regular Session, Recessed from Regular Meeting of March 24,
1949, at the Regular Meeting Place in the City Hall, the following
members thereof being present:
W. H. ROOOERS w. B. Price
Clarence K. Whiteside
E. K. Hufstedler, Jr.
John Spikes
Yaughn E. Wilson -.1.
Lavenia Lowe
Steve Matthews
Absent: Nol_le
Mayor
Commissioner
Comn1ssioner
Commissioner
Commissioner
City Attorne7
City Secretary
City Manager
being present, and passed the following ordinance:
Ordinance No. 906
AN ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR A !'ART
OF THE COST OF IMPROVING A PORTIO H OF AVENUE M, AVENUE W, 27TH STREET,
31ST STREET, WOLFFARTH STREET, 29TH STREET, AVENUE T, AVENUE V, 25TH
STREET, AVENUE U, AVENUE o, AVENUE E, AVENUE s, AVENUE P, RUBY STREET,
26TH STREEr, 32ND STREET, WACO AVENUE, JEFF'ERSON AVENOB, AVENUE X,
fEMPLE AVENUE, 28TH STREET, 6TH STREET, VAN BUREN AVENUE, 20TH STREET,
24TH STREET, SUCH PORTIONS BEING MORE PARTICULARLY DESCRIB'ED IN THE
PAVING ASSESSMENTS OF THE CITY OF LUBBOCK ATTACHED HERETO AND MADE A
PART HEREOF AND PORTIONS OF SUNDRY OTHBR STREET, AVENUES AND ALLEYS
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.
Oommissioner Hufstedler, moved that the ordinance be placed on its
first reading, seconded by Commissioner Whiteside and carried by the
following vote.
All members voting AYE
NO: None.
CARRIED: Ordinance placed on .first reading.
Commissioner Hufstedler moved that the ordinance pass .first reading;
seconded by Commissioner Whiteside, and carried by the .following vote:
ALL llBKBEBS VOTING AYE.
NO: None.
CARRIED: Ordinance passed first reading.
...STATE OF TEXAS I
COUNTY OF LUBBOCKI
On this the 14th day of April, 1949 1 the C1tT Commission of the CitT
ot Lubbock, Texas, in the above mentioned count7, covened in Regular
Session-at 1:30 P.M. at the Regular Meeting Place in the City Hall,
the following members thereof being present, to-wit:
W. H. ROOOERS
E. K. Hufstedler, Jr.
Plarence K. Whiteside
Vaughn E. Wilson
Lavenia Lowe
Steve Matthews
Mayor
Commissioner
Coumissioner
City Attorney
City Secretary
City Manager
Abaent: Commissioners w. B. Price and John ~pikes.
~ l , ~"'t..m.-~1~' """
baing present, and passed the following ord1~o• on Second Reading.
ORDINANCE NO. 906
AN ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR A PART
OF THE COST OF DPROVING A PORTION OF AVENUE M, Avmi'UB W, 27TH STREET,
31ST STREET, WOLFFARTH STREET, 29TH STREET, AVENUE T, AVENUE V 1 25TH
STREET, AVENUE U, AVENUE 0 1 AVENUE E, AVENUE S, AVENGE P, RUBY STREET,
26TH STREET, 32ND STREET, WACO AVENUE, JEFFERSON AVENUE, AVENUE X,
TEMPLE AVENUE, 28TH STREET, 6'1'11 STREET, VAN BUREN AVENUE, 20TH STREET,
24TH STREET, SUCH PORTIONS BEING MORE PARTICULARLY DESCRIBED IN THE
PAVING .ASSESSMENTS OF THE CITY OF LUBBOCK ATTACHED HERETO AND MADE
A PART liEREOF AND PORTIONS OF SUNDRY OTHER STREETS, A~&S AND ALLEYS
IN THE CITY OF LUBBOCK, TEXAS, AND PROVIDING FOR THE COLLECTION OF SU
ASSESSMENTS, AND FOR THE ISSUANCE OF ASSIGNABLE CERTIFICATES IN EVI-
DENCE THEREOF, ALLOCATING FUNDS.
Commissioner Hufstedler moved that the ordinance be placed on ita
second reading;_ seconded by Commissioner Whiteside and carried by
the following vote:
ALL MEMBERS VOTING AYE
NO: Bone.
CARRIED: Ordinance Placed on second reading.
Commissioner Hufstedler moved that the ordinance pass second read-
ing; seconded by Commissioner Whiteside, and carried by the £ollowing
vote:
ALL MEMBERS PRBSENT VOTING: AYE.
NO: None
CARRIED: Ordinance passed second reading.
.. STATE OF TEXAS 0
COUNTY OF LUBBOCKI
On this the 28th day of April, 1949 1 the City Commission or the Cit7
ot Lubbock, Texas, in the above mentioned county, convened in Regular
Session, in the regular meeting place in the City Hall .at 1:30 P.M.
the following members thereof being present, to-wit:
W. H. RODGERS
W. B. Price
E. K. HUfstedler, Jr.
John Spikes
Clarence K. ~iteside
Vaughn E. Wilson
Lavenia Lowe
Steve Matthews
Absent: None.
Mayor
Conmdssioner
Commissioner
Commissioner
Commissioner
City Attome:r
City Secretaey
City Manager
being present and passed the following ordinance on Third Reading:
ORDINANCE NO. 906
AN ORDINANCE CLOSmG HEARING AND LEVYING ASSESSMENTS FOR A PART
OF THE COST OF IMPROVING A PORTION OF AVENUE M, AVENUE W, 27TH STREET,~
31ST STREET, WOLFFARTH STREET, 29TH STREET, AVENUE T, AVENUE V, 25TH
STREET, AVENUE U, A VENUE 0 1 A VENUE E, AVENUE S, AVBNUE P, RUBY STREET,
26TH STREET, :52ND STREET, WACO AVENUE, JEFFERSON AVE:iUE, AVENUE X,
TEMPLE AVENUE., 28'rH STREET, 6TH STREET, VAN BURJ§I AVENUE, 20TH STREET,
24TH STREET 1 SUCH PORTIONS BEING .MORE PARTICULARLY D~CRIBED IN THE
PAVING ASSESSMENTS OF THE CITY OF LUBBOCK ATTACHED HERETO AND MADE A
PART HEREOF AND PORTIONS OF SUNDRY OTHER STREET3, AVENUES AND ALLEYS
IN THE CITY OF LUBBOCK, TEDS, AND PROVIDING FOR THE COLLECTION OF
SUCH ASSESSMENTS., AND FtlR THE ISSUANCE OF ASSIGNABLE CERTIFICATES
IN EVIDENCE THEREOF, ALLOCATm"G Ji'UNDS.
Commissioner Price moved that the ordinance be placed on third
reading; seconded by Commissioner Hufstedler and carried by the
following vote:
ALL KE:ttBEBS PRESm'!' VOT!BG AYE.
NO: None
CARRIED: Ordinance placed on third and final reading.
Commissioner Price moved that the ordinance pass third and final
reading; seconded by Comndssioner Hufstedler and carried by the
following vo'lre:
ALL MEHB'.KRS PRESENT VOTING AYE.
NO: None
I{ CARRIED: Ordinance passed third and final reading.
The Ordinance .follows:
'-' ),
ORDIN/N CE NO ._JlQL
31st Street
AN ORDDlANCE CLOSDTG HEARING AND LEVYING ASSESS1-1ENTS FOP/ A PART OF THE COST OF
Th!PROVI NG A PORTION OF AVENUE N, AVENUE W, 27TH STREET ,/1-lOLFFARTH STREET, 29TH
STREET, A VENUE T, A VENUE V, 25TH STREET, A VENUE U, AVENUE 0, AVENUE E, A VENUE S,
A VENUE P, RUBY STREET, 26TH STREET, 32ND 1 STREET, v1AOO AVENUE, JEFFZRSON A VENUE,
AVENUE X, TENPLE AVENUE 28TH STREET, 6TH STREET, VAN BUREN AVENUE, 20TH STREET,
24TH STREET, SUCH PORTIONS BEIIm HORE PARTICULARLY DESCRIBED nr THE PAVING ASSESS ~
NENTS OF THE1 CITY OF LUBBOCK ATTACHED HEF.ETO AND f1ADE A PAm' HEREOF AND PORTIONS
OF SUNDRY OTHER STREETS, AVENUES AND ALLETI:l IN THE CITY OF LUBBOCK, TEXAS, AND
PROVIDING FOR THE coLLECTION oF sucH ASSESS~lENTS, AND FOR THE rsru AJ{CE OF ASSim~~ I
ABLE CERTIFICATES IN EVIDENCE THEF,EOF, ALLOCATING FUNDS.
vnfEREAS, the City o£ Lubbock has heretofore ordered that the hereinb6low
mentioned portions of streets, avenues and/or alleys be improved by raising,
grading and .filling and paving, and by installing concrete curbs and gutters and
drains where necessary on Units Nos. 783, 786, 787, 788, 789, 791, 792, 793, 794,
795, 796, 797, 798, 799, soo, 801, 802, 804, 805, 806, 807, 808, 809, 810, 813,
818, 819, 819-A, 820, 821, 822, 823, 824, 825~ 828, 829, 830, 831, 832, 833, 834,
835, 836, 837, 838, 839, and 840, the paving to be of quadrunle course asphalt su r-
face treatment (Inverted Penetration Type) on a six (6) inch compacted caliche
base, together ~ith necessa~r incidentals and appurtenances, all as provided in
the specifications prepared by the City Engineer, n~on file with said City; and
arrangement for the making and construction of such improvements and contract
was entered into lf.ith the City of Lubbock, said streets, avenues and alleys being
as foll~~,to-wit:
• know and
Avenue M from its intersection with the South Property Line of/23rd Street to
its intersection with the North Property Line of 24th Street,/designated as
Unit No. 783. ·
Avenue W £rom its intersection with the South Property Line of 1st Street to its
intersection with the North Property Line of 2nd Street, known and designated as
Unit No. 786.
27th Street from its intersection with the East Property Line of iTan Btrren Avenue
to its intersection with the East Property Line of Tyler Avenue; known and desig-!
nated as Unit No. 787. I
31st Street from its intersection with U.S. Highway No. 87 to its intersection
with the East Property Line of Railroad Right-of-t-lay, known and designated as
Unit No. 788.
Wolffarth Street from its intersection with u.s. Highov1ay No. 84 to its inter-
section \>lith the West Property Line of Avenue X, knO'Iom and designated as Unit
No. 789.
29th Street fr~n its intersection with the West Property Line of Avenue N to its
intersection with the East Property Line of Avenue P, knoRn and designated as
Unit No. 791. I ·
Avenue W from its intersection with the South Property Line of 28th Street to
its intersection with the North Property Line o£ 29th Street, known and desig-
nated as Unit No. 792.
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Avenue W from its intersection with the South Property Line of 29th Street to
its intersection with the North Property Line of 30th Street, known and designa-
ted as Unit No. 793.
Avenue W from its intersection with the South Property Line of 30th Street to
its intersection with the North Property Line of 31st street, known and desig-
nated as Unit No. 794.
Avenue W from its intersection ldth'tfu.e South Property Line of .31st Street to
its intersection ~ith the N9rth Property Line of 32nd Street, known and desig-
nated as Unit No. 795.
Avenue W from its intersection with the South Propety Line of .32nd Street to
its intersection with the South Property Line of 33rd Street, known and desig-
nated as Unit No. 796.
j Avenue W from its intersection with the South Property Line of 33rd Street to
its intersection with the North Paving Line of 34th Street, known and desig-
nated as Unit No. 797.
Avenue T from its intersection ~ith the South Property Line of 4th Street to
its intersection with the North Propsty Line of 5th Street, known and desig-
nated as Uni t No. 798.
Avenue T from its intersection with the South Property Line of 5th Street to its
intersection ~ith the Nerth Property Line of 6th Street, knomand designated as
Unit No. 799.
Avenue V from its intersection with the South Property Line of 7th Street to its
intersection ~ith the North Property Line of 8th Street, known and designated as
Unit No. 800.
.1.
Avenue V from its intersection with the South Property Line of 8th S reet to its
intersection with the No~th Property Line of 9th Street, known and designated
as Unit No. 801.
25th Street from its intersection with the East Property Line of Avenue S to its
intersection with the West Property Line of Lake, known and designated as Unit
No. 802.
Avenue M from its intersection ~ith the South Property Line of 2/th Street to
its intersection with the North Property Line of ArUett Street, knGwn and desig-
nated as Unit. No. 804.
Avenue U from its intersection with the South Property Line of 30th Street to its
intersection with the North Property Line of 31st Street, lcnawn and designated as
Unit No. 805.
Avenue U 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. 806.
Avenue 0 from its intersection with the South Property Line of 23rd Street to its ,
intersection with the North Property Line of 24th S~reet, known and designated as
Ulit No. 807.
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Avenue E from its intersection with the South Property Line of 18th Street to its
intersection Yith the South Pr.operty Line of 19th Street, known and designated
as Unit No. 808.
known and
Avenue E from its intersection with the South Gutter Line/of 17th Street to its
intersection with the North Property Line of 18th Street,/designated as Unit No.
809.
...
Avenue S from its intersection with the North Porperty Line of 4th S~reet to
its intersection with the South Property Line of u. s. Highway No. 84, known and
designated as Unit. No. 810
Avenue P from its intersection with the South Property Line of 21st Street to its
intersection with the North Property Line of 27th Street, known and designated as
Unit No. 813.
Ruby Street from its intersection with the West PropRrty Line of Madison Avenue
to its intersection with the East Pavement Line of Van Buren Avenue, known and
designated as Unit. No. 818. ~
26th Street from its intersection with the West Property Line of Avenue E to
its intersection with the East Property Line of Avenue H, known and designated
as Unit N. 819.
26th Street from 400 feet West of the East Property Line of Avenue A to its
intersection with the West Property Line of Avenue A, known and designated as
Unit No. 819-A.
Avenue W from its intersection with the South PropArty Line of Jrd Street to its
intersection with the North Property Line of 4th street, l01own and designated as
Unit No. 820.
32nd Street from ~s intersection with the West Property Line of Monroe Avenue
to its intersection with the East Property Line of Tyler Avenue, knoYD and de-
signated as Unit No. 821.
Waco Avenue from its intersection with the North Property Line of 2nd Street
to its intersection with the South Property Line of 1st Street, known and desig-
nated as Unit No. 822.
Avenue P from its intersection with the North Gutter Line of 4th Street to the
Main Line of Panhandle & Santa Fe Railway at 2nd Street, kn~m and designated
ae Unit No. 823.
Jefferson Avenue from its intersection with the South Property Line of 32nd Stree
to its intersection with the North Property Line of 33rd Street, lalown and de-
signated as Unit. No. 824.
Jefferson Avenue from its intersection with the South Property Line of 33rd
Street to its intersection with the North Pavement Line of 34th Street, known
and designated as Unit No. 825.
Avenue X from its intersection with the North Property Line of 4th Street to its
intersection with the South Property Line of 3rd Street, known and designated
as Unit. No. 828.
Temple Avenue from its intersection with the Nerth Property Line of 4th Street,
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to its intersection with the North Property Line of 1st Streett knoan and
designated as Unit No. 829. .
28th Street from its intersection with the East Property Line of Avenue N to
its iptersection with the East Property Line of Morning Side Addition, known
and designated as Uni~ No. 830.
6th Street from its intersection with the East Property Line of Avenue 0 to its
intersection with the West Proper~ Line of Avenue N, inown and designated as
Unit No. 831.
31st Street from its intersection with the West Property Line of Van Buren
Avenue to its intersection w~ the East Property Line of Tyler Avenue, known
and designated as Unit. No. 832.
20th Street from its intersection with the West Property Line of Polk Avenue
to its intersection with the West Property Line of Taylor Avenue, known and
designated as Unit No. 833.
29th Street from its intersection with the East Property Line of Avenue Q to
its intersection with the West Property Line of Avenue P, known and designated
as Unit No. 834.
24th Street from its intersection with the East Property Line of Avenue L to
its intersection with the West Property Line of Avenue K, known and designated
as Unit Ho. 835.
Van Buren Avenue from its intersection with the South Property Line of 25th
Street to its intersection vith the North Property Line of 26th Street, known
and designated as Unit No. 836.
Van Buren Avenue from its intersection with the South Property Line of 26th
Street to its intersection with the North Property Line of 27th Street, known
and designated as Unit No. 837.
Van Buren Avenue from its intersection with the South Property Line of 27th
Street to its intersection with the North Property Line of 28th Street, known
and designated as Unit No. 838.
Van Buren Avenue from its intersection with the South Property Line of 28th
Street to its intersection with the North Property Line of 29th Street, knov.n
and designated as Unit No. 839.
Van Buren Avenue from its intersection with the South Property Line of 29th
Street to its intersection with the North Property Line of 30th Street, known
and designated as Unit No. 840.
WHEREAS, the City Engineer prepared rolls or statements for the improve-
ments in each Unit, shOttring the amount s to be assessed against the various
parcels of abutting preperty, 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 fixed for a hearing to the owners of such abutting property,
and to all others in any wise interested, and due and proper notice was given,
and such hearing was had and held at the time and place fixed therefore, to-wit,
on the 7th day of April, A. D., 1949 at /~o o•clock P.Mo in the Commission Room
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in the City of Lubbock, Texas, and at such hearing all desiring to be heard
~ere fully and fairly heard, and evidence was received and considered and all
protests and objections aade were considered, and said hearing was inall respects
held in the manner provided and required by the Charter and Lalor in force in this
City and by the proceedings of the City with reference to such matters, and the
following p~otests were made concerning the improvement in the units indicated
namely: NO:N'"E.
And all objections and protests made were fully considered and said hearing
was continued from day to day and from time to time until this date, and the City
Commission having fully and fairly heard all parties maki.-•J.g any protest and all
parties desiring to be heard, and having fUlly considered all matters presented
for consideration. and having fully considered all of the evidence, and all per-
tinent and proper matters is of opinion that the followipg disposition should be
made of such protests and objectionst and that assessments should be mad:;as
herein ordained.
THERFORE, BE IT ORDAINED BY THE CITY COHHISSION OF THE CITY OF LUBBOCK, :
I.
That all protests and objections, whether herein specifically mentioned or
not, shall be and the same are hereb overruled and the said hearing, with res-
pect to each and all of said Units, is hereby closed.
n.
The City Commission, from the evidence finds that the assessments herein
levied shall be made and levied against the respective parcels of property abutt-
ing upon the said portions of strants and d.leys, and avenues and against the owner
of such proper ty, and that such ass essments are right and proper and established .
substantial justice and equality and uniformity between the respective owners and I
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 value thereof by means
of the improvement in the Unit upon which the particular property abuts, and for
which assessment is levied, in a s um in excess of the assessment levied a gainst
same by this ordinance, and further finds that the apportionment of the cost of
the improvements is in accordance with the proceedings heretofore taken and had th
reference to s uch :improvements and is in all respects valid and regular.
III.
That there shall be and is hereb,y levied and assessed against the parcels of
property herein below mentioned and against the real and true owners thereof,
whether such owners be correctly named herein or not, the ~~ s of money below men
tioned and itemized sho~ op p osite the description of the respective parcels of
property; the descriptions of such property, and several amounts assessed against
sa~~· and the owers thereof, beinn: as follOlo~s: _ .) 1
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IV.
That the assessments so levied are for the improvements in the particular
Unit upon which the property described abuts, and the assessments for tmimprove-
ments in one Unit are in nowise related to or connected l-tith the improvements
in any other Unit, and in making assessments and in holding said hearing the
amounts so assessed for impr~vements in on~ tlnit have been in nowise affected
b r any fact in any wise connected ~lith the improvements, or the assessmentr·
therefor, or any other unit.
v.
That the several sums above mentioned assessed against said parcels of
property, and against the real and true owners thereof, and interest thereon at
the rate of six (6) per cent per ann~, together with reasonable attorney's tees
and·costs of collection, if incurred, ane hereby declared to be and made a lien
upon the respective parcels of property against which the sa~e are assesse~, and
a personal liabili t.y and charge against the real and true ovmers thereof, wh•ther
or not the 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 e.nd paramount lien, superior to all other liens and olaims, except State,
County and JllWlicipal taxee, and the sums so assessed shall be payable as follows,
to-"t-rit:
In five equal installments, the first payable on or before ten (10) days
after the completion and acceptance by the said City of the improv~ts 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 install-
ment 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 fifth installment due on or b efore four years from saiddate of
completion and acceptance; and such assessments shall bear interes~ from the
date of such completion and acceptance at the rate of 6% per annum, payable
annually with each installment, so that upon completion and acceptance of the
improvements in a particular 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 t.he da:te of such completion and acceptance,
provid~ thtt any 0\omer shall have the right to pay off the entire assessment, or
any insta1L11ent thereof, before maturity, by payment of principal and accrued
interest, and prov14ed 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 the City of
Lubbock, or its assigns, be and become immediately due and payable, and shall
be collectible ~dth reasonable attorney's fees and costs of collection, it
incurred.
VI.
The City of Lubbock shall n~in any manner be liable for the payment 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 o'\-tners thereof, ~or
payment of the sums assessed against the respective parcels of property; but said
City shall exercise all of its lawful po't-1ers to aid in the enforcement and
collection of said liens and assessments, and if default shall be made in the
payment of any assessments collection thereof shall be enforced either by sale
of the property by the Tax Collector ani Assessor of the City of Lubbock as
near as possible in the manner provided for the se.le of property for tle non-
payment of ad valorem 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
jurisc1iction.
VII.
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VII.
For the purpos£ of evidencing the several sums assessed against the said
parcels of property, and the owners thereof, and the til:.te 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 work in each
Unit of improvement as the work in such Unit is completed and accepted, which
certificates shall be executed by the Nayor in the name of the City, attested by
the City Secretary with the corporate seal, and shall be p~rable to City of
Lubbockt 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 certificate is issued, and shall contain the name
of the owner as accurately as possi~e, and the description of the property by ~t and block number, or front feet thereof, or such other description as may l
otherwise identify the same, and if the said property shall be Ol~ed by an estate,
1 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 property, or in giving the name of any owners,
shall in any wise invalidate or impair the assessment levied here~or the certi-
ficate issued in evidence thereof.
The said certificates shall further provide substantially that if default
shall be mac e in the pay.ment of any inetal1lll.ent 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 shaJ.l be
collectible with reasonable attorney's fees axd coats of collection, if incurred.
And said certificates shall set forth and evidence the personal liability of the
o~mers of such property and the lien upon such property, and shall provide in
effect if default shall be made in the payment thereof the same may be enforced
either by the sel e of the property by theTax Collector and Assessor of the City
of Luboock, as above recited, or by suit in any court having jurisdiction.
The said certtncates shall further recite in eff€ct that all proceedings
with reference to making said improvements have been regularly had in compliance
with 1he law 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, 1r1hich reci ta.ls 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 four installments, leaving the main certificat e for the fifth.
Said certificates may further provide substantially that t!:e amounts payable
thereunder may be paid to the Collector of Tu::~es of the City, who shall issue
him receipt theref-or, which receipt ··· -shall be evidence of such payment upo a
demand for the s ahle, either by virtue of the said certificate or any contract
to pay the same entered into by the proper ty owners, and that tl:e Colle ctor
of Taxes will deposit all sums s o received by him forthwith with the City Treasure ,
and upon the pavment of any installment with interest upon the surrender of the
coupon therefor, receipted in full qy said Contractor, or other holder of said
Certificate, the City Treasurer shall pay the amount so collected and due thereon
to said Contractor, or otherholder, which coupons so receipted shall be
the Treasurer 1 s Warrant for payme n t.
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And the said certificates shall further provide in effect t bat 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
appfPpriate thereto. It shall not be necessary that said certificates shall be
in the exact form as above set forth, but the substance and effect thereof shall
suffice.
VIII.
The assessments levied by this ordinance for the improvements in each Unit
are altogether separate and distinct from assessments ~n each and every other unit
The assessments for improvements in one unit are in nowise affec~ed by the
improvements in or the asPessments levied for the improvements in any other unit,
and in making and levying assessments the cost of tbe improvements in each Unit,
the bene~its by means of 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 omis-
sion of the improvements in any unit shall in nowise affect or impair the
validity of assessments for the improvements in any other unit. The omission
of improvements in any partic\Ur unit in front of any property exempt from the
lien of such as~essments shall in nowise affect or impair the validity of assess-
ments 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 asse~sment 1
or in any other matter or thing, shall in any wise invalidate or impair any
assessment levied hereby or any certificate is sued, 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.
XI.
All funds obtained and ac~ring 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 Vayor is authorized to execute the
certificates for such purposes.
Passed and approved this the _ _.7~o.:tl:l!hllt:..-__ day of __ A.;;;.p_r_i_l ___ _ A.D. 1942_.
Passed and approved this the 14th
Passed and approved this the :(_ $ day of -~~=-=----' A.D.
day of _ _,'++.::~~.....,.~,
..