HomeMy WebLinkAboutOrdinance - 1225-1952 - Repealing Ordinance 1202. - 06/26/1952"-•r""""'~
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ORDINANCE go. 1225
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AN ORDINANCE REPEALING ORDINANCE NO. 1202 ENTITLED: "AN
ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR A PART
OF THE COST OF IMPROVING A PORTION OF 34TH STREET. SUCH POR-
. TIONS BEING MORE PARTICULARLY DESCRIBED IN THE PAVING ASSESS
MENTS OF THE CITY OF LUBBOCK ATTACHED HERETO AND MADE A
PART HEREOF IN THE CITY OF LUBBOCK. AND PROVIDING FOR THE
COLLEC'1'ION OF SUCH ASSESSMENTS AND FOR THE ISSUANCE OF ASSIGN
ABLE CERTIFICATES IN EVIDENCE THEREOF. ALLOCATING FUNDS"i.
CANCELING THE ALLOCATION OF FUNDS PROVIDED FOR IN SAID ORDI -'
NANCE; CANCELING AND RELEASING ALL PROPERTY THEREIN DES
CRIBED FROM THE LIENS OR APPARENT LIENS CREATED BY VIRTUE OF
THE PASSAGE OF SAID ORDINANCE; AND ABANDONING IN ITS ENTIRETY
THE PAVING PROJECT PROVIDED FOR THEREIN.
WHEREAS. the City Commission by Ordinance No. 1202, relating to
GWO 661~ said ordinance being finally passed on the 8th day of May, 1952,
determined to pave a portion of 34th Street and let its contract to J. R. Fanning.
contractor, for such improvements with the agreement as provided in Section
VI that the contractor should look solely to the property and the owners thereof
for the payment of satid paving improvements, and, _ ,
WHEREAS. said contractor has made bona fide effort to secure mechan
ic's liens from the owners of property abutting the proposed improvement and
said owners have refused to execute mechanicrs liens on their homesteads,
which is the status of substantially all of the abutting pi-operty, and said con
tractor, J. R. Fanning, has in writing requested the City of Lubbock to release
him from said contract and represented to the City that no part of the contract
has been assigned and no part of the proposed improvement has been started
due to his inability to secure mechanic 1 s liens from the abutting owners, and,
WHEREAS, the City Commission finds from all the facts and circum
stances that said paving project as provided by Ordinance No. 1202 should be
in all things abandoned, THEREFORE,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK:
SECTION 1. That Ordinance No. 1202 and all its provisions and as
further described by the caption of this ordinance, BE and the same is hereby
repealed, and the allocation of funds provided for in said ordinance is hereby
canceled.
SECTION 2. That all of the property described in said ordinance and
exhibits attached thereto BE 1 and the same are hereby declared released 'from
the assessment lien or apparent assessment lien sought to be created by said
Ordinance No. 1202, said property being more particularly described in the
City Engineer's roll attached to said ordinance and constituting Paving Units
Nos. 1345, 1346, 1347 and 1348.
SECTION 3. The written request above referred to as having been made
by the contractor, J. R. Fanning, is hereby made a part of this ordinance,
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and upon return to the City Engineer of the contractor 1 s copy of the contract
documents, together with a full release duly executed by the contractor and
delivered to the City Engineer fully releasing the City of Lubbock from all
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obligations in connection therewith and in connection with the passage of
Ordinance No. 1202, this ordinance shall become finally effective and the said
J. R. Fanning released from his said contract.
AND IT IS SO ORDERED.
On motion of Commissioner Carpenter , seconded by Com-
missioner Thomas the foregoing . Ordinance was passed on
first reading this 12th day of June , 1952, by the following vote:
Commissioners V(j)ting 11 YEA 11 : Carpenter, Davis, Thomas and Mayor Tripp
• Commissioners voting 11 NAY 11 : None
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On motion of Commissioner Davis , seconded by Com-
missioner Morris '~ -· 1 , ',t ... , the f oregoing Ordinance was passed on
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second reading this ~day of June , 1952, by the following vote:
Commissioners voting 11 YEA 11 :
Commissioners voting 11 NA Y 11 :
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ATTEST:
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APPROVED BY CITY ENGINEER:
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{6-11-52)
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Mo;ris., Carpent e r, Davis, Thomas and
Ma\Y'or Trl pp
None
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