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HomeMy WebLinkAboutOrdinance - 2193-1957 - Levying An Assessment For Part Of Cost Of Improving Portion Of Uvalde Ave, ETC.. - 04/11/1957·~-1:::J I I ;;r 04-1\ -195=1- GWO 2068 04-;;J5-l-951-0~-0.5 -l as-:J ~ I l.tQ._I ORDINANCE NO. 2193 v AN ORDINANCE CLOSING HEARING AND LEVYING ASSESS1-1ENTS FOR A PART OF THE COST OF IMPROVING A PORTION OF UVALDE AVmuE, DFI'ROIT AVENUE, 20TH STREET, AVENUE W KEMPER STREET, JARVIS STROO, NORTH AvmuE L, NORTH CHmRY AVENUE, FIR AVENUE, EAST 28TH STREET, EAST 31ST STREET, TEAK AVENUE, EAST .32ND STREFI', LOCUST ~.VENUE, AVENUE G, 40TH STREm', 43RD STREET, AVENUE P, 1ST STREET, 47TH STREET, SOUTH 1/2 48TH STREET; WEST 1/2 AKRON AVENUE, 41ST STREET, KNOXVILLE AVENUE, 35TH STREET, LOUISVU,LE AVENUE, EAST 1/2 VICKSBURG AVENUE, NASHVILLE AVENUE, 39l'H STREET, 3RD STREET, TEMPLE AVENUE, REDBUD AVENUE, AVENlJE-U, EAST 1/2 AVENUE U, 5TH STREEI', 58TH STREET, .38TH STREET, WEST 1/2 EI.Gm AVENUE, MEMPHIS AVENUE, FLINT AVENUE, NORTH GARY AVENUE, BATES STREET, EAST .36TH STREET, INDIANA AVENUE, ALLEY BETWEEN AVENUE X AND COLLEGE AVENUE AND BErWEEN 19TH STREEr AND 20TH STREET, E-W AILEY BEI'WEEN BROADWAY AND 13TH-STREET AND AVENUE E AND AVENUE F, ALLEY rn BLOCK 1, PALACE HEIGHTS, ALLEY BETWEEN 34TH STREET .Ai'ID .35TH STREET AND BETWEEN AVENUE X & COLLEGE AVENUE, ALLEY BETWEEN A'VmUE W AND AVENUE X AND B~ 18TH STREET AND 19TH STREEr, ALLEY BETWEEN--32ND STREET AND 33RD STREET AND AVENUE U AND AVENUE V, ALLEY BFJ.'fNEEN JJRD STREEr AND 34TH STREEr AND AVENUE U AND AVENUE V, SUCH PORTIONS BETirG MORE PARTICULARLY DESCRIBED IN THE PAVING ASSESSMENTS OF THE CITY OF LUBBOCK ATTACHED HERETO AND MADE A PART HERIDF AND PORTIONS OF OTHER SUNDRY STREETS, HIGHWAYS, AVENUES AND/OR .ALLEYS IN THE CITY OF LUBBOCK, TEXAS, AND/OR ALONG Tim BOUNDARIES OF SAID CITY AND PROVIDING FOR THE COLLECTION OF SUCH ASSESSMFJ;TS .iu"m FOR THE ISSUANCE OF ASSIGNABLE CERTIFICATES IN EVIDENCE THERIDF, ALLOCATING "'i'ffi·Ds. lmEREAS, the City of Lubbock, a Home Rule Municipality, has heretofore ordered that the hereinbelow mentioned portions of streets, highways, avenues and/or alleys be improved by the raising, grading and filling and paving and by installing concrete curb and gutters and drains where necess~ on Sub-Unit Nos. 1, 2, 3 and 4 of Unit No. 1879; on Sub-Unit Nos. 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, and 38 of Unit No. 1880; on Sub-Unit Nos. 1, 2 and 3 of Unit No .• 1881; on Sub-Unit Nos. 1, 2, .3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, and 17 of Unit No. 1882; on Sub-Unit Nos 7 1 and 2 of Unit-No. 1883; on Sub-Unit No. 1 of Unit No. 1884; on Sub-Unit Nos. 1, 2, 3 and 4 of Unit No. A-311; on Sub-Unit Nos. 1, 2 and 3 of Unit No. A-312. the pavin~ to be of quadruple asphalt surface treatment (inverted penetration type) on a six l6) inch compacted caliche base in streets, and six (6) inch reinforced concrete paving in alle,ys, together with the necessary incidentals and appwtenances, all as provided in the specifications prepared by the City Engineer, now on file with said City; and arrangement for the making and construction of su improvements and contract was entered into with West Texas Construction, Incorporated, eaid portions being as follows, to-wit: Uvalde Avenue from its intersection with the South Property Line of 39th Street to its intersection with the North Property Line of 40th Street, known and designated aa Sub-unit Number 1 of Unit Number 1879. Detroit Avenue t.rom its intersection with the South Gutter Line of let Street to its intersection with the North Gutter Line of 1st Place, know and designated as Sub-Unit Number 2 of Unit Number 1879. -20th Street from its intersection with the East Gutter Line of Avenue M to its intersection with the West Gutter Line of Ave:aue L, known and designated as Sub- unit Number 3 of Unit Number 1879. Avenue 'W from its intersection with the South Property Line of the alley-South of 49th Street (East Leg) to its intersection with the North Property Line of 50th Str e know and designated as Sub-unit Number 4 o.f Unit Number 1879. Kemper Street from its intersection with the West Property Line of Avenue Q North Drive to ita intersection with the West Property Line of Avenue L, known and designated as Sub-unit Number 1 of Unit Number 1880. Jarvis Street from its intersection with the West Property Line of Avenue Q North Drive to its intersection with the West Property Line of Avenue L, know and designated as Sub-tmit Number 2 of Unit Number 1880. North Avenue L from its intersection with the South Property ldne of Kemper Street to its intersection with the North Property Line of Jarvis Street, known and designated as Sub-unit Number 3 of Unit Number 1880. North Cherry Avenue from its intersection with the North Property Line of East 2nd Street to its intersection with the South Paving Line of Parkway Drive, known and designated as Sub-unit Number 4 of Unit Number 1880. Fir Avenue from its intersection with the South Property Line of East 23rd Street to its intersection with the North Property Line of East 26th Street, known and designated as Sub-unit Number 5 of Unit Number 1880. ~ Fir Avenue from its intersection with the South Property Line of East 26th Street to its intersection with the North Property Line of East 28th Street, known and designated as Sub-unit Number 6 of Unit Number 1880. East 28th Street f'rom its intersection with the East Property ·Line of Quirt Avenue to its intersection with the West Property Line of Teak Avenue, know and designat~ :i as Sub-\Dlit Number 7 of Unit Number 18804 East 31st Street from its intersection with the East Property Line of Quirt Avenue to its intersection with the Bast Property Line of Teak Avenue (South Leg) know and designated as Sub-unit Number 8 of Unit Number 1880., Teak Avenue from its intersection with the South Property Line of East 31st Street to its intersection with the North Property Line of East 32nd Street, known and designated as Sub-unit Number 9 of Unit Number 1880. East 32nd Street from its intersection with the West Property Line of Teak Avenue to its intersection with the East Property Line of Quirt Avenue, known and desig- nated as Sub-unit Numbar 10 of Unit Number 1880., . . / Locust Avenue from Us intersection with the Southwest Paving Line of Railroad '' Aveuue to its intersection with the North Property Line of East 31st Street, known and designated as Sub-unit Number 11 of Unit Number 1880,. Aveuue G trom its intersection with the South Gutter Line of 27th Street, to its intersection with the North Gutter Line of 28th Street, known and designated as Sub-Unit Number 12 of Uhit Number 1880. 40th Street from its intersection with the East Paving Line of Avenue H to its intersection with the West Property Line of Avenue D, known and designated as Sub-Unit Number 13 of Unit Number 1880. 43rd Street from its intersection with the East Paving Line of Avenue H to its intersection with the East Property Line of the alley West of Avenue D, known and designated as Sub-unit Number 14 of Uhit Number 1880~ Avenue P i'rom its intersection with the South Property Line of 42nd Street to its intersection with the North Property Line of 48th Street, known and designated as Sub-unit Number 15 of Unit Number 1880. Avenue P £rom its intersection with the South Property Line of 48th Street to its intersection with the North Property Line of 50th Street, known and designated as Sub-unit Number 16 of Unit Number 1880. let Street from its intersection with the West Property Line of Temple Avenue to its intersection vith the East Property Line of Avenue U, known and designated as Sub-unit Number 17 of Unit Number 1880. 47th Street from its intersection with the West Gutter Line of Avenue Q to its intersection vith the East Property Line of Avenue S, know and designated as Sub-unit Number 18 ot Unit Number 1880. 43rd Street from its intersection vith the East Gutter Line of Avenue U to its intersection with the West Property Line of Avenue T, known and designated as Sub-unit Number 19 of Unit Number 1880. South one-half of 48th Street from its intersection vi th the West Paving Line of College Avenue to its intersection vith the East Property Line of Akron Avenue, know and designated as Sub-unit Number 20 of Unit Number 1880. West one-half of Akron Avenue from its intersection with the South Gutter Line of 47th Street to its intersection with the North Property Line of 48th Street, know and designated as Sub-unit Nmn.ber 21 of Unit Nmnber 1880. 41st Street from its intersection with the West Property Line of Avenue T to its intersection with the West Property Line of Avenue s, know.n and designated as Sub-unit Number 22 of Unit Number 1880. Avenue W from its intersection with the South Gutter Line of 34th Street to its intersection with the North Gutter Line of 35th Street, knovn and designated as Sub-unit Number 23 of Unit Number 1880. Knoxville Avenue 1'1-om its intersection 'With the South Property Line of 34th Street to its intersection with the North Property Line of 35th Street, know and designated as Sub-unit Number 24 of Unit Number 1880. / ~' ,f') ,. 8 6'"'"1 · vm r~ ~1; rAG£ -, Knoxville Avenue f'rom its intersection \dth South Property Line of 3'5tn Street to its intersection with the North Gutter Line of 36th Street, known and designated as Sub-tmit Number 25 of Unit Number 1880. Knoxville Avenue from its intersection with the South Gutter Line of 36th Street to its intersection with the North Gutter Line of 37th Street, known and designated as Sub-unit Number 26 of Unit Number 1880 ... 35th Street from its intersection with the West Property Line of Louisville Avenue to its intersection with the East Property Line of Knoxville Avenue, known and designated as Sub-unit Number 27 of Unit Number 1880. Louisville Avenue from its intersection with the South Property Line of 34th Street to its intersection with the North Property Line of 35th Street, known and designated as Sub-unit Number 28 of Unit Number 1880. Louisville Avenue from its intersection with the South Property Line of 35th Street to its intersection with the North Gutter Line of 36th Street, known and designated as Sub-unit Number 29 o:t Unit Number 1880., · Louisville Avenue from its intersection with the South Gutter Line of 36th Street to its intersection with the North Gutter Line of 37th S~eet, known and designated as Sub-unit Number 30 of Unit Number 1880. ' ).., ., ~~3 4/~ East one-half of Vicksburg Avenue from its intersection with theTorth ·.Property /1 Line of the alley South of 18th Street to its intersection with the North Property Line of 16th Street, lmow and designated as Sub-unit Number 31 of Unit Number 1880 Nashville Avenue from its intersection with the South Gutter Line of 25th Street to its intersection with the North Gutter Line of 26th Street, known and designated as Sub-unit Number 32 of Unit Number 1880. 39th Street from its intersection with the East Property Line of Vicksburg Avenue to its intersection with the West Property Line of Utica Avenue, known and desig- nated as Sub-unit Number 33 of Unit Number 1880 .. 40th Street from its intersection with the East Gutter Line of Salem Avenue to its intersection with the West Property Line of Raleigh Avenue, known and designate as Sub-unit Number 34 of Unit Number 1880~ 3rd Street from its intersection with the East Property Line of Avenue Q to its int ~· section with the West Property Line of Paris Avenue, known and designated as Sub- unit Number 35 of Unit Number 1880. 3rd Street from its intersection with the East Property Line of Paris Avenue to its intersection with the West Property Line of Avenue P, known and designated as Sub-unit Number 36 of Unit Number 1880. 1st Street from its intersection with the West Property Line of Uvalde Avenue to its intersection with the East P.roperty Line of Avenue V, known and designated as Sub-Unit Number 37 of Unit Number 1880 •. 1st Street trom its intersection with the West Property Line of Avenue V to its intersection with the East Property Line of Vernon Avenue, known and designated as Sub-unit Number 38 of Unit Number 1880. ' Temple Avenue from its intersection 'With the South Property Line of 58th Street to its intersection with the North Froperty Line of 60th Street, known and desig- nated as Sub-unit Number 1 of Unit Number ,1881~ Temple Avenue from its intersection with the South Property Line of 6oth Street to its intersection with the North Property Line of 6lst Street, known and designated as Sub-unit Number 2 of Unit Number 1881. Temple Avenue .from its intersection with the South Property Line of 61st Street to its intersection with the North Property Line of 62nd Street, known and designated as Sub-unit Number .3 of Unit Number 1881. Redbud Avenue .from its intersection with the South Property Line of East 28th Street (East Leg) to its intersection with the North Property Line of East 31st Street, known and designated as Sub-unit Number 1 of Unit Number 1882. Avenue U (widening) from its intersection with the South Gutter Line of .34th Street to its intersection with the North Gutter Line of .35th Street, known and designated as Sub-unit Number 2 of Unit Number 1882. 5th Street from its intersection with the East Gutter Line of Avenue Q to ita intersection with a line 106.75 feet West of the West Property Line of Avenue o, known and designated as Sub-unit Number .3 of Unit Number 1882. ' 58th Street from its intersection with the Northeast Paving Line of Avenue Q to its intersection with the West Paving Line of Avenue H, know aDd designated as Sub-unit Number 4 of Unit Number 1882. , 58th Street .rrom its intersection with the West Property Line ot Avenue V (South Leg) to its intersection with the 1'4st :Paving Line of College Avenue, known and designated as Sub-unit Number 5 of Unit Number 1882. Avenue U from its intersection with the South P.roperty Line of 50th Street to its intersection with the North Property Line of the alley North of 57th Street, kno-wn and designated as Sub-unit Number 6 of Unit Number 1882~ East one-half ot Avenue U from its intersection with the North Property Line of the alley North of 57th Street to its intersection with the North Property Line of .58th street, known and designated as Sub-unit Number 7 of Unit Number 1882. Avenue U from ite intersection with the South Property Line of 58th Street to its intersection with the South Property Line of 65th Street (East Leg) known and designated as Sub-unit Number 8 of Unit Number 1882.., Avenue U from its intersection with the South Property Idne of 49th Street to its intersection with the North Property Line of 50th Street, known and designated as Sub-unit Number 9 of Unit Number 1882. 38th Street from its intersection with the East Gutter Line of Avenue S to its intersection with the West Gutter Line of Avenue Q, known and designated as Sub- unit Nmn.ber 10 of Unit Number 1882. 38th Street from its intersection with the East Gutter Line of Avenue Q to its intersection with the West Property Line of Avenue P, kno'Wll and designated as Sub- unit Number 11 of Unit Number 1882. ~ lt. . • lfJ West one-half of Elgin Avenue· f'rom its intersection with the South Property Line of 50th Street to its intersection with the North Property Line of 54th Street, known and designated as Sub-unit Number 12 of Unit Number 1882. Memphis Avenue f'rom its intersection with South Gutter Line of 35th Street to ita intersection with the North Gutter Line of 36th Street, known and designated as Sub-unit Number 13 of Unit Number 1882. Flint Avenue from its intersection with the South Property Line of 49th Street to its intersection with the North Property Line of 50th Street (East Leg), known and designated as Sub-unit Number 14 of Unit Nu.>nber 1882. Detroit Avenue .from its intersection with the South Gutter Line of 2nd Street (East Leg) to its intersection with the North Property Line of 4th Street, known and designated as Sub-unit Number 15 of Unit Number 1882. North Gary Avenue .from its intersection with the South Property Line of Bates Street to its intersection with the North Gutter Line of Amherst Street, known and designated as Sub-unit Number 16 of Unit Number 188.2. Bates Street f'rom its intersection with the East Property Line of North Hartford Avenue to its intersection with the East Property Line of North Gary Avenue known and designated as Sub-unit Number 17 of Unit Number 1882. East 36th Street from its intersection with the East Property Line of' Magnolia Avenue to its i ntersection with the West Paving Line of Quirt Avenue known and designated as Sub-unit Number 1 of Unit Number 1883 • 5th Street f'rom its intersection with a line 106,. 75 feet 'West of the West PropertJ Line of Avenue 0 to its intersection with the West Pl-operty Line of Avenue O, known and designated as Sub-unit Number 2 of Unit Number 1883. Indiana Avenue f'rom its intersection with the South Property Line of the alley South of 48th Street to its intersection with a line 55 feet North of the centerline in 50th Street. East-West alley between 19th Street and 20th Street and from Avenue X to College Avenue, known and designated as Sub-unit Number 1 of Unit Number A-311,. East-West alley between Broach:ay and 13th Street and from Avenue E to Avenue F, known and designated as Sub-unit Number 2 of Unit Number A-311. East-West Alley in Block 1, Palace Heights, between 34th Street and 35th Street and from Avenue U to the East 'Property Line of Palace Heights Addition, know and designated as Sub-unit Number 3 of Unit Nmnber A-311. Eaet~est alley between 34th Street and 35th street and from Avenue X to College Avenue known and designated as Sub-unit Number 4 of Unit Number A-311. East-West alley between 18th Street and 19th street and from Avenue X to Avenue Y known and designated as Sub-unit Number 1 of Unit Number A-312. East-West alley between 3.2nd Street and 33rd Street and from Avenue U to Avenue V known and designated as Sub-unit NU!Jlber .2 of' Unit Number A-312. East-West alley between 33rd Street and 34th Street and from Avenue U to Avenue V know and designated as Sub-unit Number 3 of Unit Number A-31.2. VOL 6.58 PAtE '{)9 WHEREAS, the City Engineer prepared rolls or statements for the improve- ments in each Sub-unit, showing the amounts to be assessed against the various parcels of abutting property, and the owners thereof, and showing other matters and things; and the same were examined by the City Commission and approved, and a time and place vas fixed for hearing to the owners of such abutting property, and to all others in anywise interested, and due and proper notice was given, and such hearing was had and held at the time and place fixed therefor, to-wit: on the 11th day of April, 1957, at 2s00 o'clock P.M. in the Commission Room in the City of Lubbock, Texas, and at such hearing all desiring to be heard were tully and fairly heard, and evidence was received and considered and all protests and objections made were considered, and said hearing was in all respects held in the manner provided and required by the charter and law in force in this City and by the proceedings of the City with reference to such matters, and the followi ng protests were made concerning the improvements in the units indicated namely: \Edward ?-fcBride protested by letter the proposed improvements on Uvalde Avenue from 39th Street to 40th Street. George Hughes appeared protesting the proposed improvements on 20th Street ·from Avenue M to Avenue L because he would be unable to pay for this paving ' Beb Clark appeared opposing the proposed improvements on East 28th Street from Quirt Avenue to Teak Avenue. G. A. Barnett appeared opposing the proposed improvements on Avenue G from 27th Street to 28th Street. Brooks MCKinney appeared protesting the proposed improvements on North Cherr.r Avenue from East 2nd Street to Parkway Drive because the majority of' the property abutting this sub-unit is vacant. Clyde Wilkins, E. F. Walker, J. D. McCandless, Vernon Cline, J. c. Parker, and F. E. Hardage appeared in favor of the proposed improvements on 40th Street from Avenue H to Avenue D, but opposed dedicating ~ additional right-of- way. L. T. Morri!on appeared protesting the proposed improvements on Avenue P from 48th Street to 50th Street. Mrs. Loreene Looney appeared protesting the proposed improvements on 1st Street from Avenue U to Temple Avem1e. Lloyd Price and W. D. Wisdom appeared protesting the propo!ed improvements on 47th Street frOlll Avenue Q to Avenue s. J. M. Locklar, Thomas H. Slate and R. 'L. Deavours(~epresenting Margaret Huff)appeared protesting the proposed improvements on 43rd Street from Avenue U to Avenue T. Genevieve Fern Joplin called b.r phone and protested the proposed im- provements on Avenue W from 34th Street to 35th Street because she was unable to pay for the~e improvements. l ) I - Chillious P. Mills appeared protesting the proposed improvements on Louisville Avenue from 36th Street to 37th Street because he could not afford this expense at this time. ME-s. Price H. Glass appeared proteetiDg the proposed improvements on 39th Street from Vicksburg Avenue to Utica Avenue because she felt that the price was too high. Roy L. Taylor appeared protesting the proposed improvements on 40th street from Salem Avenue to Raleigh Avenue~ Mrs. Ance M. English cal.led by phone stating that she .felt that the assessment was too high on 3rd Street from Avenue Q to Paris Avenue. Frank Knox and Carlton Parks appeared prote~ting the proposed i:mprove- ments on 1st from Avenue V to Vernon Avenue. Mr. and Mrs. Truman Bradshaw appeared protesting the proposed improvement!! on Temple Avenue from 58th Street to 60th Street because they felt that they could not afford it at this time. C. B. Nabors appeared against the proposed paving of Temple Avenue from 60th Street to 6lst Street. J.. W. Blair appeared against the proposed paving of Temple Avenue !rom 6lst to 62nd Street. F • R. Friend appeared against the proposed paving of 58th Street from Avenue V to College Avenue and Avenue U from 58th Street to 65th Street because he has a large amount of footage and it vould cost too much money. -s R. A. Coker appeared against the proposed paving of Memphis Avenue from 35th Street to 36th Street. Wesley Jordon os.lled by phone protesting the proposed 42 ft. paving on North Gary Avenue from Bates Street to .Amherst Street, but :favored .36 ft. of paving on this avenue. The following persons protested by petition the proposed alley paving in the E-W alley between 19th Street and 20th Street and from College Avenue and Avenue X; Elsie OfHarren, Leroy T. Patton, Almedia J. Weise, Mrs. Joe Watson, w. A. Robinson, Mr. J. B. , BUer, Mrs. Effie D. Huber, Mrs. J. A. Pipkin, Mr:s. J. c .. Hardgrave,~ J. c. Cross, W. Don Cook, Gillie Fay Heard, W. E. Heard, w .. M., Slagle, G. 13. Porter, Almeda Coe and Mrs. A. S. Greene. Also protesting in person at the hearing were Leroy T. Patton, Ell!lie 0'Harren, w. M. Slagle, Gillie Fay Heard, W. E. Heard, Mrs. J. A. Pipkin and Mrs. Effie D. Huber, Leroy T • Patton also protested by a letter to the City Commission. Gerald Harris Fulton and Troy L. Jones appeared protesting the proposed alley paving in Block 1, Palace Heights~ I j Kenneth F. wfland, Glenn B,. Self and Eva Ed:wards appeared protesting the proposed alley paving in the East-West alle.y bet~een 34th Street and 35th Street and between College Avenue and Avenue x. J. H. Murdough, c. V. Bullen, W. M. Craig, A. V. Weaver, Jr. and Grace B. Jones appeared protesting the propo3ed alle,y paving in the East-West alle,r between lSth Street and 19th Street and between Avenue X and Avenue W. Mrs. Jack D. Glasco, Mrs. c. V. Kelley and Mrs. Ella Mae Paulger appeared protesting the proposed alle,y paving in the East-West alle,y between 32nd Street and 33rd Street and between Avenue V and Avenue U. E. H. Boedeker and John H. Day appeared protesting the proposed alley paving in the East-West alle,y between 33rd Street and 34th Street and between Avenu V and Avenue U. \ . . 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 making acy 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 pertinent and proper matters is of opinion that the following 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 COMMISSION OF THE CITY OF LUBBOCK; I. That all protests and objections, whether her ein specifically mentioned or not, shall and the same are hereby overruled and the said hearing with respect to each and all Sub-units and tmits is hereby closed, except that it vas found that Paving Sub-Unit No. 4 of Unit 1879, Avenue W from its intersection with the South Property Line of the alle.y South of 49th Street to its intersection with the North Property Line of 50th Street; Paving Sub-Unit No. 4rot Unit No~ 1880, North Cherry Avenue from its intersection with the North Property Line of East 2nd Street to its intersection withthe South Paving Line of Parkway Drive; Paving Sub-Unit No . 1 of Unit No. 1881, Tsnple Avenue from its intersection with the South Property Line of 58th Street to its intersection with the North Property Line of 60th Street; Paving Sub-Unit No. 2 of Unit 1881, Temple Avenue from its intersection with the South Property Line of 60th Street to its intersection with the North Property Line of 6lst Street; Paving Sub-Unit No., 3 of Unit No .. 1881, Temple Avenue from its intersection \lith the South Property Line of 6lst Street to its intersection with the north property line of 62nd Street; Alley Paving Sub-Unit No. 1 or Unit A-311, Eaet-West alle,y between 19th Street and 20th Street and between Avenue X and College Avenue; Alley Paving Sub-Unit No • .3 or Unit No. A-.311; East-West alley in Block 1, Palace Heights, between 34th Street and 35th Street and f'rom Avenue U to the Ee.st Property Line or Palace Heights; Alle.y Paving Sub-Unit No. 4 of Unit ~311, East-West alley 'etween .34th Street and 35th Street and between College Avenue and Avenue X; Alley Paving Sub-Unit No .. 1 of Unit A-312 East-West alley between 18th Street and 19th Street and between Avenue X and Avenue ll; Alley Paving Sub-Unit No .. 2 of Unit No. A-312, East-West alley between 32nd Street and 33rd Street and between Avenue U and Avenue V; Alley Paving Sub-Unit No4 3 of Unit No. A-312, East~est alley between 33rd Street and 34th Street and between Avenue U and Avenue V were erroneously included in the public notice and in the contemplated Ordinance and in other proceedings; therefore no assessment shall be made against the property included in said Sub-Unit No. 4 of Unit 1879, Sub-Unit No, .. 4 of Unit 1880, Sub-Unit Nos. lf. 2 and 3 of Unit No •. 1881, Sub-Unit Nos. 1, 3 and 4 of Unit No. A-311, nor in said Sub-Unit Nos .. 11 2 and 3 of Unit A-312, and the City Engineer is hereby directed to delete and/or omit the engineer's assessment rolls for these Sub-Units from this Ordinance consistent with this finding. Y II. VOL 658 -r~ iJ.. The City Commission, trom the evidenCe finds that the assessments herein levied shall be made and levied against the respect! ve parcel s of property abutting upon the said portions of streets, highways, avenues and/or alleys and against the owners of such property, and that such assessments are right and proper and established substantial justice and equality and uniformity between the respective owners and respective properties, and between all parties con- cerned, considering benefits received and burdens imposed, and further finds that in each case the abutting property assessed is specifically benefitted in the enhanced value thereof, by means of the improvement in the Sub-tmit upon which the particular property abuts, and for which assessment is levied, in a sum in excess of the assessment levied, against 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 with reference to such improvements and is in all respects valid and regular. II-A. The City Commission, from evidence considering the benefits received and bu::i-dens imposed, finds that the owners of railroads occupying and/or crossing portions of streets, highways, avenues and/or alle,rs herein named shall p~ and are hereby assessed the whole costs of improving, including foundation, extra concrete, ties, etc., between and under rails and tracks of such railroad and two feet on outside thereof; the sums payable by and chargeable against railroads and the owners thereof shall be assessed against them and shall be a superior lien on its roadbed, ties, rails, fixtures, rights and franchises, which tax shall constitute a lien superior to aqy other lien or claim except State, County and Municipal Taxes. III. That there shall be and is hereby levied and assessed against the parcels of property and railroads crossing or occupying streets, highways, avenues and/or alleys, hereinbelow mentioned and against the real and true owners thereof, vhether such owners be listed correctly herein or not, the s of money belowmentioned and itemized shown opposite the description of the respective parcels of _Property and railroads crossing or occupying streets, highvays, avenues andjor alleys; the descriptions of such property and railroads, and several amounts assessed against same, and the Owers thereof, being as follows: {Rolls inserted in Original Cop;r of Ordinance and in separate Ordinance Book. N.ote a special description shall be made on the Roll of a Sub-unit along the boundary of the City). IV. That the assessments so levied are for the improvements in the particular Sub-unit upon which the property described abuts, and the assess- ments for the improvements in one Sub-mrl t are in no wise related to or connected with the improvements in any other Sub-unit, and in making assess- ments and in holding said hearing the amounts so assessed for improvements in one Sub-unit have been in novise affected by any fact in ~se connected with the improvements, or the assessments therefor, or any other Sub-unit. v. That the several sums abovementioned 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 annum, together with reasonable attorney's fees and cost of collection, if incurred, are hereby declared to b 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 owners be correctly named herein and such liens shall be and constitute the first enforceable claim against the property assessed, and shall be a first and paramount l i en, superior to all other liens and claims, ex- cept State, County, and Municipal taxes and the sums so assessed shall be payable as follows, to-wit: In three equal installments, the first payable on or before ten (10) days after the completion and acceptance ~ the City of the improvements in the Sub-unit upon which the particular property abuts; the second installment due on or before one year from said date of completion and acceptance, and the third in- stallment due on or before two years from said date of completion and acceptance; and such assessments shall bear interest 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 Sub- unit assessments against the property abutting upon such completed and accepted Sub-unit shall be and become due and payable in such in8tallments and with interest from the date of such completion and acceptance, provided that ~ owner shall have the right to p~ off the entire assessment, or any installment thereof, before maturity, by p~ent of principal and accrued interest, and provided fUrther that if default shall be made in the p~ent of ~ installment promptly as the same matures, then the entire amount of the assessment, upon which such default is made shall, at the option of West Texas Construction, Incorporated or its assigns, be and become immediately due and p~able, and shall be collectible with reasonable attorney1s fees and coste of collection if incurred. VI. The City of Lubbock shall not in an:y manner be liable for the payment of a.ny sums hereby assessed against any property and the owners thereof, but West Texas Construction, Incorporated, shall look solely to said property, and the owners thereof, for the p~ent of the sums assessed against the respective parcels of property; but said City shall exercise all of its lawful powers to aid in the enforcement and collection of said liens and assessments, and if default shall be made in the p~ent of ~ 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 possible in the manner provided for the sale of property for the non-payment of ad valorem taxes, or at the option pf \-lest Texas Construction, Incorporated, or its assigns, p~ent of said sums shall be enforced by suit in any court having jurisdiction. VII. For the purpose of evidencing the several sums assessed against the said parcels of property, and the owners thereof, and the time 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 Sub-unit of improvement as the work in such Sub-unit is completed and acceptee, whi ch certificates shall be executed by the ~or in the name of the City, attested by the City Secretary with the corporate seal, and shall be payable ts West Texas Construction, Incorporated, 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 possible, and the description of the property by lot and block number, or front feet thereof, or such other description as may otherwise identity the same, and if the said property shall be owned b.1 an estate, then to eo state the description thereof as so owned shall be sufficient or if the name of the owner be unknown, then to eo state shall be sufficient, and no error or mistake in describing any property, or in giving the name of any owers, shall in anyvise invalidate or impair the assessment levied hereby or the certificate issued in evidence thereof. The said certificates shall further provide substantially that if default shall be made in the p~ent of ~ installment of pringipal or interest due, when, then, at the option of West Texas Construction, Incorporated, or its assigns, the whole of the said assessment evidenced thereby shall at once become due and payable, and shall be collectible with reasonable attorne,r'e fees and costs of collection, if incurred. And said certificates shall set forth and evidence the personal liability of the owners of such property and the lien upon such property, and shall provide in effect if default shall be made in the payment thel'eof the same may be 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 any court having jurisdiction .. The said certificates shall further recite in effect that all pro- ceedings with reference to making said improvements have been regularly had in compliance with the law in force and proceedings of the City of Lubbock, and that all prerequisites 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 evidence of the matters and facts so recited, and no further r proof thereof shall be required in SIJY court. -t~r 8 -1 Ol VOL Ul}( PAGE J. 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 two installments, leaving the main certificate for the third. And the said certificates shall further provide in effect that the City of Lubbock shall exercise all of its lawful powers, when requested so to do by the holder of said certificates, to aid in the enforcement and collection thereof, and said certificates lllBY' contain other and .f'urther recitals pertinent and appropriate thereto. It shall not be necessary that said certificates shall be in the exact form as above set forth, but the substance and effect there· of shall suffice. VIII. The assessments le~ed by this ordinance for the improvements in each Sub-unit are altogether separate and distinct from assessments in each and every other Sub-unit. The assessments for improvements in one Sub-unit are in nowise affected by the improvements in or the assessments levied for the impl'ove- ments in any other Sub-unit, and in making and levying assessments the cost of the improvements in each Sub-unit, the benefits by means of the improvements, and all other matters and things with reference to the improvements in each Sub-tmit, havE been considered, and determined altogether without reference to any such matters in a.ny other Sub-unit, and the omission of the improvements in arry Sub-unit shall -0 / .. in nowise affect or impair the validity of assessments for the improvements any other Sub-unit. The omission of improvements in e.n:y particular Sub-unit in .front of any property exempt .t'rom the lien of such assessments shall in nowise affect or impair the validity of assessments against other property in that Sub-unit. IX. No mistake, error, invalidity, or irregularity in the name of any property owner, or the description of ~ property, or the amount of any assess- ment, or in a~ other matter or thing, shall in ~ wise invalidate or impair a~ assessment levied hereby or any certificate issued, and a~ 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 t he premises described notwithstanding rsuch owners may not be named, or any be incorrectly named. Passed end apw.oved by unanimous vote of the City Commission this the __ ll_t_h_day of APril , ~957. Passed and ap~roved by una~imous vote of the City Commission this the 25th day of Apr D. , 1957. ' .. , , Passed end approved by unanimous vote of the City Commission this the --9::;u+"'-~.h~day of May ·. , 1957. c!9R'll T. Hickerson, City Engineer A~: ~~~~~ Vaughn E~ Wilson, City Attorney