HomeMy WebLinkAboutOrdinance - 1225-1952 - Repealing Ordinance 1202. - 06/26/1952"-•r""""'~ t c 1' .,.-'-\~ 0~-1.2 .. I .9t.:5 ORDINANCE go. 1225 ()(p -2 (/) -lS>-1?;>.,. 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No. 1202 and all its provisions and as further described by the caption of this ordinance, BE and the same is hereby repealed, and the allocation of funds provided for in said ordinance is hereby canceled.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 BE1 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,
-~ r,. ·"-. c .) Page 2 and upon return to the City Engineer of the contractor1s 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 ~ 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 11YEA11: Carpenter, Davis, Thomas and Mayor Tripp • Commissioners voting 11NAY11: None \ On motion of Commissioner Davis , seconded by Com-missioner Morris '~ -· 1 , ',t ... , the foregoing Ordinance was passed on '\ \ _, second reading this ~day of June , 1952, by the following vote: Commissioners voting 11YEA11: Commissioners voting 11NA Y11: ~ ATTEST: &'"l.btr . ---~ -City y-T easurer w APPROVED BY CITY ENGINEER: -~~-------VEW:sv {6-11-52) . .... Mo;ris., Carpenter, Davis, Thomas and Ma\Y'or Trl pp None 471$¢ .r-