HomeMy WebLinkAboutOrdinance - 936-1949 - Reducing The Rate Of Assessment In Unit 857 In Ordinance 917 - 09/08/194909-0
ORDilWfCE NO. 936
0 9 ~ 22-\9~4!)...----
AN ORDIN.l.NCE J&DUCIOO THE RATE OF ASSESSMENT IN UNIT NO. 857 UNDER ORDINANCE NO.
917 TO $.3 • 959 FIR !'BON'l lOOT AID G IVOO ABU'l'Tnrl PROPIR'l't <RERS UNIFORM CREDIT F(E
COHTRIBUTIONS TO THE IMPROVEMENT IH SAID UNIT BY LUBBOCK COUNTY AHD THE CITY OF
LUBBOOKs
WHEREAS, Ordinance No. 917 levied assessments against property abutting that part
ot .34th Street between the West Property Line of Avenue Q and the Vest Property
Line of Monroe Street designated as Paving Unit No . 857, which constitutes a contin
uation or a farm to market road, and the City of Lubbock and Lubbock County are
cooperating in making equal contributions to the paving project enabling the origi-
nal paving aa:!sea 5s against property in Unit No. 857 to be uniformly reduced to
a rate per tront "13.409 rl th the cost per foot for curb and gutter remain!Dg at
$.55 cents; ,
BE IT ORDAINED BY THE CITY COMMISSION OF ~HE CITY OF LUBBOCKs
That the assessments heretofore ma.de against property in Unit No. 857 under Ordi-
DaDCe No. 917 be and the said assesSMnts are hereby mod~fied and reduced as to ·
the paving rate per front foot to $3.409 plus $.55 tor curb and gutter, making the
total rate $3.959 per front foot for sa~d unit.
The contracts to be executed by abutting property owners in said Unit shall state
the total cost agreed to be paid by the oll'llers calculated at the rate last above
stated and certificates issued pursuant to the provisions ot aaid Ordinance No.
917 shall be for the amount shown in the contrac.ts so that the owners of property
in said Unit will receive and they are hereby given credit for contributions made
by Lubbock County and the City or Lubbock to the improvements to be made in said
un1t. ,
AND IT IS SO ORDERED. l
Passed aDd approved by UIIanimous vote of the City COillllission this 8th day or
September , 1949.
Passed and approved by unanimous vote or the City Commission this ,22 day ot
Sept. , 1949·
A~ I '
l fifl« LV. a t1 Sec~ )
Unit No. _________ _ Homestead, ___ _ Vocont ____ _
PAVING LIEN
EITATE OF TEXAS } LUBBOCK COUNTY TO
CITY OF LUBBOCK
----------------------------------ETAL,O~
The undersigned
and wife -------------------'----------------------------------------------------are the owners of
Lo in Block
of the
Addition to the town of Lubbock In Lubbock County, Texas.
In consideration of the City paving in front of said property, said owners hereby agree to pay to the City of Lubbock or its
assigns, at Lubbock, Texas, for the improvement of said real estate, an agreed price of payable in
five equal Installments, 1'·5th ten days after completiOn of pavement, balance 1, 2, 3 and 4 years, on or before, with interest there-
on from date at the rate of 6% per annum payable annually, principal and Interest 1t not paid when due to bear interest from
maturity until paid at the rate of 8% per annum.
It default Is made In the payment of any Installment of principal or interest when due, the City of Lubbock or its assigns shall
have the right to declare all of said Installments due and payable, and have the right to collect tbe principal and interest with
reasonable attorney's fees and costs of collection.
In consideration of said improvements, and to secure the payment of said sums, said owners promise to pay said sums, and
hereby give and create upon said real estate the mechanic's and materialman's lien, and a special contract lien against said real
estate in favor of the City of Lubbock and Its assigns, for any of said improvements made by It, and evidence thereof shall be prima
facie proof t hat all sums herein provided for are reasonable and payable to the City of Lubbock for the improvements made by it.
It is agreed that the City has levied or may levy an assessment against sa!d premises for the pro rata. part of the costs of
improving said street, and may issue a certificate in evidence of any assessment so levied; and that any error ot invalidity In any
proceeding's of the City with reference to making said improvements or assessing or prorating the cost thereof, or In Issuing any
certificate or evidence of any assessment, is hereby waived.
It Is further agreed that changes In the plans and specifications or in the materials for such improvements so long as the
improvements actually constructed shall be substantially as good as those provided 1n said specifications, if any, shall not impair
the obligation or lien of this Instrument, or of any assessment; but any and all such changes are hereby agreed to, and acceptance
of said Improvement by the City shall be conclusive between the undersigned and the City as to the proper construction of such
improvements and all illstructions and determinations of the City and its engineer, or its representative with reference to said
Improvements, shall be binding upon the undersigned. The recital of any matter In any certificate to be issued by the City evi-
dencing the assessment shall be prima facie proof of the matters so recited In any suit upon such certificate or upon this contract.
The obligations and liens of th1B Instrument are collateral to and cumulative of the obligations and liens of any such assess-
ment and cert:lflcate, and any payment upon one shall operate as a credit upon the other. This obligation is not conditioned
upon the improvement of said street before all property abutting thereon but improvements may be omitted In front of property
of any owner who does not s~~otisfactorlly secure the City for his pro rata share of the cost of improving such street. Neither
is this obligation to be Invalidated or impaired in any way by the faUure or refusal of any property owner abutting on said street
to pay the City or otherwise secure it for street improvement 1n front of such property owner's premises.
This the --------------day of ---------------. 194-
STATE OF TEXAS
LUBBOCK COUNTY }
JOINT ACKNOWLEDGMENT
Before me, the undersigned authority In and for said county and State, on this day personally appea.red~----------
and his wife, both known to me to be the
persons whose names are subscribed to the foregoing instrument and acknowledged to me that they each executed the same for the
purposes and consideration therein expressed, and the said ---------------------------------------------
wife of the said -------------------------------------• having been examined by me
privily and apart 1rom her husband, and having the same fully explained to her, she, the said -----------------
----------------• acknowledged such Instrument to be her act and deed, and she declared that she had wlllingly signed the
same tor the purposes and ·consideration therein expressed, and that she did not wish to retract it.
Otven under my hand and seal of office this -------------day of --------------• 194....__.
STATE OF TEXAS
LUBBOCK COUNTY }
Notary Public, Lubbock County, Texas
SINGLE ACKNOWLEDGMENT
Before me, the undersigned authority in and for said county and State on this day personally appeared -----------
---:---:----:--::--:--:---------------• known to me to be the person whose name is subscribed to the foregoing instrument
and acknowledged to me that he executed the same for the purposes and consideration therein expressed.
Given under my hand and seal of office, this ----------day of ----------------. 194....__.
N:otary Public, Lubbock County, Texas