HomeMy WebLinkAboutOrdinance - 3950-1962 - Closing Hearing, Levying Assmnt. For A Part Of Cost Of Improving Alleys. GWO2775 - 10/25/1962.-
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ORDINANCE NO. 3950
AN (JU)~NCE CLOOING HEARING AND lEVYING ASSESSMENtS Fat A PART OF
THE COST OF IMPROVING A P<ltTION OF THE N<llTH-SOUTH AND EAST-WEST ALlEYS
LOCATED IN THE FOLLililiNG BLOCKS AND ADDrriONS -BLOCK 14, MElUUTT AND WilD
ADDITION, BLOCK 12, MAYFIElD ADDrriON, BLOCK 11, GREEN SUBDIVISION, BLOCK 8,
cAVER SUBDIVISION, BLOCK 34, OVERTON ADDITION, BLOCK 3, OO.IGINAL T<JIJN, BLOCK 4,
ORIGINAL TWN, BLOCK 5, ~IGINAL T<WN, BLOCK 117, OVERTON ADDITION, EARHART
SUBDIVISION, BLOCK 85, ORIGINAL T<YN, BLOCK 100, atiGINAL T<RN, BLOCK 99,
OR.IGINA.L T<Xrn, BLOCK 98, OO.IGINAL TCMN, BLOCK 118, OVERTON ADDITION, BLOCK 121
OVERTON ADDITION, BLOCK 85, OVERTON ADDITION, BLOCK 121, ORIGINAL TCMN, BLOCK
6..__CIRIGINAL TGIN, BLOCK 160, <lUGINAL TalN, BLOCK 175, ORIGINAL T<WN,
BLOCK 1, G. A. RUSH ADDITION, BLOCK 2, G· A. RUSH ADDITION, ROBINSON SUBDIVIS-
ION OF BLOCK 2, OVERTON ADDITION, BLOCK 193, OO.IGINAL Tarn, BLOCK 209,
ORIGINAL TGm, BLOCK 223, ORIGINAL TGlN, BLOCK 4, OVERTON ADDITION, BLOCK 230,
ORIGINAL TGlN, BLOCK 2, DUPREE ADDITION, BLOCK 1, DUPREE ADDITION, BLOCK 8,
MCCRUMME~S 2ND ADDITION, BLOCK 22, }of.CCB.UMMENS 2ND ADD IT ;tON, BLOCK 4, SUNSHINE
ADDITION, BLOCK 1, DIXIElAND ADDITION, BLOCK 2, DA.VIS SUBDIVISION, BLOCK 49,
MCCRUMMENS 2ND ADDITION, STUBBS REVISED SUBDIVISION, BLOCK 12, HIGHlAND PARK
ADDITION, BLOCK 1, JEFFERSON AVENUE ADDITION, BLOCK 30, CRUMP F.IVE KCRE
ADDITION, E. P. DA.Y ADDITION, WILLIFORD ADDIT:(ON, QUWOOD ADDITION, BLOCK 4,
UNIVERSITY PlACE ADDITION, BLOCK 1, TECH TERRACE ADDITION, BLOCK 2, WEBB
ADDITION, BLOCK 1, A. E. COFFMAN SUBDIVISIOO, REEDER SUBDIVISION OF PART OF
BLOCK 1, JOHN W. JARB.OI'T ADDITION, BLOCK 2, HILLCREST RESUBDIVISION, BLOCK 215,
ORIGINAL TQlN, SUCH PCRTIONS BEING MORE PARTICUlARLY DESCRIBED IN THE PAVmG
ASSESSMENrS OF THE crrY OF LUBBOCK ATTACHED HERETO AND MADE A PART HEREOF AND
PORTIONS CJF OfHER SUNDRY ALlEYS IN THE CITY OF LUBBOCK, TEXAS, AND/OR ALONG
THE BOUNDA.RIES OF SAID CITY AND PROVIDING FOO. THE COLlECTION OF SUCH ASSESS-
MENTS AND FOR. THE ISSUANCE OF ASSIGNABLE CKRTIFICA.TES IN EVIDENCE THEREOF,
ALLOCATING FUNDS.
WHEREAS, the City of Lubbock, a Home Rule Municipality, has heretofor
ordered that the hereinbelow mentioned portions of alleys be improved by the
raising, grading and filling and paving and by installing concrete curb and
gutters and drains where necessary on sub-Unit Numbers 1, 2, 3, 5, 6, 7, 8, 9,
13, 14, 15, 16, 17, 18, 19, 20, 22, 23, 24, 25, 27, 28, 29, 30, 32, 33, 34,
36, 37, 38, 39, 40, 41; 42, 43, 44, 45, 50, 51, 52, 53, 54, 55, 56 and 60 of
Unit Number A-350 and on Sub-Unit Nllmber 1 of Unit Number A-351, the paving to
be of reinforced concrete slab, five (5") inches in thickness and a minimum of
ten (10) foot wide together with the necessary incidentals and appurtenances,
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 such
improvements and contract was entered into with Frank B. Hodges Contractors,
Inc., said portions being as follows, to-wit:
The herein described property, the north 47.5' of Lot 1 and south 35 feet of
Lot 2, Lot 23 and the north 47.5 1 of Lot 24 of Block 14, Merritt and Wild
Addition is hereby assessed; said property abuts the north-south alley between ~
Avenue X and waco Avenue and £ram 20.5 feet south of the north property line o
4th Street to the north property line of the alley north of 4th Street (east ~
leg), known and designated as Sub-Unit Number 1 of Unit Number A-350. ~
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The herein described property, the north 47.5 1 of Lot 1 and the south 35 feet
of Lot 2, the north 47.5 1 of Lot 24 and the south 35 1 of Lot 23 of Block 12,
Mayfield Addition is hereby assessed; said property abuts the north-south
alley between Avenue W and vernon Avenue and from 20.5 feet south of the
north property line of 4th Street to the south property line of the east-west
alley north of 4th Street (East Leg), known and designated as Sub-Unit Number
2 of Unit Number A-350.
The herein described property, the north 47.5 1 of Lot 1, Lots 2, 23 and the
north 47.5 1 of Lot 24 of Block 11, Green subdivision is hereby assessed;
said property abuts the north-south alley between Avenue v and vernon Avenue
and from 20.5 feet south of the north property line of 4th Street to the
north line of Lot 2, Block 11, Green Subdivision, known and designated as
Sub-Unit Number 3 of Unit Number A-350.
The herein described property, Lots 11, 12, 13 and 14 of Block 8, Caver
Subdivision is hereby assessed; said property abuts the north-south alley
between Avenue U and Temple Avenue and from 20.5 feet south of the north
property line of 4th Street to the north line of Lot 14, Block 8, caver
subdivision, known and designated as Sub-Unit Number 5 of Unit NumberA-350.
~
The herein described property, Lots 1, 2, 3, 4, 5, 6, 7, 8, 17, 18, 19, 20, 21
22, 23 and 24 of Block 34, Overton Addition is hereby assessed; said property
abuts the east-west alley between 4th Street and 5th Street and from 12 feet
east of the west property line of Avenue T to 4 feet east of the west line of
Lot 8, Block 34, OVerton Addition, known and designated as Sub-Unit Number 6
of Unit Number A-350.
The herein described property, all of Block 3, Original Town is hereby
assessed; said property abuts the north-south alley between Avenue Nand
Avenue M and from 22 feet north of the south property line of 4th Street to
12 feet south of the north property line of 5th Street, known and designated
as Sub-Unit Number 7 of Unit Number A-350.
The herein described property, all of Block 4, Original Town less the north
part of Lots 1 and 24 dedicated for street right-of-way is hereby assessed;
said property abuts the north-south alley between Avenue M and Avenue L and
from 17.6 feet north of the south property line of 4th Street to 12 feet south
of the north property line of 5th Street, known and designated as Sub-Unit
Number 8 of Unit NumberA-350.
The herein described property, the south 2.73 feet of Lot 1, all of Lots 2, 3,
4, 5, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22 and 23 of
Block 5, Original Town is hereby assessed; said property abuts the north-south
alley between Avenue Land Avenue K and from 15.9 feet north of the south
property line of 4th Street to 12 feet south of the north property line of Sth
Street, known and designated as Sub-Unit Number 9 of Unit Number A-350.
The herein described property, Lots 2, 3, 4, 5, 6, 7, 8 and 9 of Block 117,
Overton Addition is hereby assessed; said property abuts the north-south alley
between Avenue Q and Avenue R and from 14 feet south of the north property lin
of lOth Street to 55 feet south of the south property line of 9th Street, kn
and designated as Sub-Unit Number 13 of Unit Number A-350.
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The herein described property, Lots 9, 11, 12, 13, 14, 15 and 16 of Earhart
Subdivision is hereby assessed; said property abuts the east-west alley
between 9th Street and lOth Street and from 22 feet west of the east property
line of Avenue Q to the east line of Lot 9, Earhart Subdivision, known and
designated as Sub-Unit Number 14 of Unit Number A-350.
The herein described property, all of Block 85, Original Town is hereby
assessed; said property abuts the north-south alley between Avenue K and
Avenue L and from the south property line of 9th Street to 12 feet south of
the north property line of lOth Street, known and designated as Sub-Unit
Number 15 of Unit Number A-350.
The herein described property, Lots 1, 2, 3, 4, 5, 16, 17, 18, 19 and 20 of
Block 100, Original Town is hereby assessed; said property abuts the north-
south alley between Avenue M and Avenue L and from 12 feet north of the south
property line of lOth Street to the north property line of the east-west alley
south of lOth Street, known and designated as Sub~Unit Number 16 of Unit
Number A-350.
The herein described property, Lots 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15 and
16 of Block 99, Original Town is hereby assessed; said property abuts the east-
west ~lley between Main Street and lOth Street and from 21.5 feet west of the
east property line of Avenue N to 2 feet east of the west property line of
Avenue M, known and designated as Sub-Unit Number 17 of Unit Number A-350.
The herein described property, Lots 10 and 11, of Block 98, Original Town
is hereby assessed; said property abuts the north-south alley between Avenue 0
and Avenue Nand from 12.5 feet north of the south property line of the alley
south of lOth Street to 22 feet south of the north property line of Main Street
known and designated as Sub-Unit Number 18 of Unit Number A-350.
The herein described property, Lots 4, 5, 6, 7, 8 and 9 of Block 118
Overton Addition is hereby assessed; said property abuts the north-south alley
between Avenue R and Avenue Q and from 17 feet south of the north property line
of Main Street to the north line of Lot 4, Block 118, Overton Addition, known
and designated as Sub"Unit Number 19 of Unit Number A-350.
The herein described property, all of Block 121, Overton Addition is hereby
assessed; said property abuts the north-south alley between Avenue Q and
Avenue R and from 17 feet north of the south property line of Main Street to
22 feet south of the north property line of Broadway, known and designated as
Sub-Unit Number 20 of Unit Number A-350.
The herein described property, all of Block 85, Overton Addition is hereby
assessed; said property abuts the east-west alley between Broadway and Main
Street and from 12 feet west of the east property line of Avenue X to 12 feet
east of the west property line of Avenue W, known and designated as Sub-Unit
Number 22 of Unit Number A-350.
The herein described property, Lots 10 and 11, and that part of the alley
crossed by Panhandle & santa Fe Railroad Tracks of Block 121, original Town is
hereby assessed; said property abuts the north-south alley between Avenue E and
Avenue F and from the north property line of the alley south of Mai~ Street to
16 feet south of the north property line of Broadway, known and designated as
Sub .. Unit Number 23 of Unit Number A•350. .
. ,.
The herein described property, Lots 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15 and
20, Block 136, Original Town is hereby assessed; said property abuts the north
south alley between Avenue F and Avenue G and from 16 feet north of the south
property line of Broadway to 12 feet south of the north property line of 13th
Street, known and designated as Sub-Unit Number 24 of Unit Number A-350. ~
The herein described property, Lots 1, 2, 3, 4, 5, 6, 15, 16, 17, 18, 19 and
20 of Block 136, Original Town is hereby assessed; said property abuts the
east-west alley between Broadway and 13th Street and from 12 feet east of the
west property line of Avenue F to 16 feet west of the east property line of
Avenue G, known and designated as Sub-Unit Number 25 of Unit Number A-350.
The herein described property, all of Block 160, Original Town is hereby
assessed; said property abuts the north-south alley between Avenue 0 and Avenu
N and from 21.5 feet nouth 9f the south property line of 14th Street to 21.5
feet south of the north property line of 15th Street, known and designated as
Sub•Unit Number 27 of Unit Number A-350.
The herein described property, Lots 1, 2, 3, 4, 5, 6, 7, 8, 9 and 10 of Block
175, Original Town, Lots 1 and 12 of Block 1, G. A. Rush Addition is hereby
assessed; said property abuts the north-south alley between Faris Avenue and
Avenue 0 and from 14 feet north of the south property line of 15th Street
(west side) to 17 feet south of the north prope%ty line of 16th Street, known
and designated as Sub-Unit Number 28 of Unit Number A-350.
The herein described property, all of Block 2, G. A. RushAddition is hereby
assessed; said property abuts the east-west alley between 15th Street and
16th Street and fran 22 feet west of the east property line of Avenue Q to
14 feet east of the west property line of Paris Avenue, known and designated
as Sub-Unit Number 29 of Unit Number A-350.
The herein described property, the west 20 feet of Lot 12, all of Lots 13, 14,
15, 16 and 17 of Robinson Subdivision of Block 2, Overton Addition is hereby
assessed; said property abuts the east-west alley between 16th Street and 17th
Street and from 22 feet west of the east property line of Avenue Q to 140 feet
east of the east property line of Avenue Q> known and designated as Sub-Unit
Number 30 of Unit Number A-350.
The herein described property, Lots 9, 10, 11, 12 and 13 of Block 193,
Original Town is hereby assessed; said property abuts the north-south alley
between Avenue M and Avenue N and from the north lip line of 17th Street to
the north property line of Lot 8, Block 193, Original Town, known and
designated as Sub-Unit Number 32 of Unit Number A-350.
The herein described property, Lots 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17,
18, 19 and 20, Block 209, Original Town is hereby assessed; said property
abuts the north-south alley between Avenue M and Avenue N and from 21.5 feet
north of the south property line of 17th Street to 21.5 feet south of the
north property line of 18th Street, known and designated as Sub-Unit Number
33 of Unit Number A-350.
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The herein described property, the south 40 feet of Lot 1, Block 4, Overton
Addition and'Lots l, 2, 3, 4, 5 and 6, Block 223, Original Town is hereby
assessed; said property abuts the north-south alley between Avenue Q and Avenue
0 and from 14 feet north of the south property line of 18th Street (west side)
to the south property line of Lot 1, Block 4, Overton Addition, known and
designated as Sub-Unit Number 34 of Unit Number A-350.
The herein described property, all of Block 230, Original Town is hereby
assessed; said property abuts the north-south alley between Avenue H and
Texas Avenue and from 12 feet north of the south property line of 18th Street
to 15 feet south of the north property ~line of 19th Street, known and
designated as Sub-Unit Number 36 of Unit Number A-350.
The herein described property, Lots 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 23, 24,
25, 26, 27, 28, 29, 30, 31 and 32 of Block 2, Dupree Addition is hereby
assessed; said property abuts the north-south alley between Avenue J and
Texas Avenue and from the north line of Lot 5, Block 2, Dupree Addition to
the south line of Lot 14, Block 2, Dupree Addition, known and designated as
Sub-Unit Number 37 of Unit Number A-350.
The herein described property, all of Block 1, Dupree Addition less that part
of Lots 1 and 48 dedicated for 19th Street right-of-way is hereby assessed;
said property abuts the north-south alley between Avenue H and Texas Avenue
and from 15.5' north of the south property line of 19th Street to the north
lip-line of 23rd Street, known and designated as Sub-Unit Number 38 of Unit
Number A-350.
The herein described property, Lots 6, 7, 8, 9, 10, 11, 12 and the east 21.92
feet of Lots 13 and 14 and all of Lots 15, 16, 17, 18, 19, 20, 21 and 22 of
Block 8, McCrummens 2nd Addition is hereby assessed; said property abuts the
east-west alley between 21st Street and 22nd Street and from 20 feet west of
the east property line of Avenue Q to the west property line of Lot 4, Block 8,
McCrummens 2nd Addition, known and designated as Sub-Unit Number 39 of Unit
Number A-350.
The here in described property, the west 21 •. 92 feet of Lot 1 and all of Lots
2 and 3 and the East 29.94 feet of Lot 4, Block 22, McCrummens 2nd Addition
and that part of Block 22 described by metes and bounds as follows, beginning
at a point 20 feet south and 21.92 feet east of the southwest corner of
Lot 1, Block 22, McCrwmnens 2nd Addition to the City of Lubbock, Lubbock count ,
Texas; Thence south 100 feet; Thence ~est 180.0 feet; Thence north 100 feet;
Thence east 180 feet to the point of beginning is he~e'1 assessed; said
property abuts the east-west alley between 24th StreWand 25th .. Street and
from 22 feet east of the west property line of Avenue Q to 180.0 feet west of
the west property line of Avenue Q, known and designated as a part of Sub-Unit
Number 40 of Unit Number A-350.
The herein described property, Lots 1, 2, 3 and 4 of Block 4, Sunshine
Addition is hereby assessed; said property abuts the north-south alley between
Avenue H and Avenue G and from 12 feet north of the south property line of
31st Street to 106.0 feet s. of the south property line of 31st Street, known
and designated as Sub-Unit Number 41 of Unit Number A-350.
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The herein described proper~y, the north 5 feet of Lot 14 and Lot 15 less the
north 5 ,feet of Block 1, DixielandAddition, all of Lots 20, 21, 22, 23 and 24 ~
of Block 2, Davis Subdivision is hereby assessed; said property abuts the ~
north-south alley between Avenue Q and Dixie Drive and from the north lip line ~
of 21st Street to the north property line of Lot 20, Block 2, Davis Subdivisio
known and designated as Sub-Unit Number 42 of Unit Number A-350.
The herein described property, Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13
and 19 of Block 49, McCrummens 2nd Addition is hereby assessed; said property
abuts the east-west alley between 19th Street and 20th Street and from 12 feet
west of the east property line of Avenue W to 12 feet east of the west propert
line of Avenue V, known and designated as Sub-Unit Number 43 of unit Number
A-350.
The herein described property, Lots 1, 2, 4 and the north 15 feet of Lot 18,
of Stubbs Revised Subdivision is hereby assessed; said property abuts the east-
west alley south of 34th Street and from 11.5 feet east of the west property
line of Avenue Q to 2.5 feet east of the west property line of the north-south
alley west of Avenue Q, known and designated as Sub-Unit Number 44 of Unit Numb r
A-350.
The herein described property, Lots 3, 4, 5, 16, 17, 18, 19 and 20 of Block 12,
Highland Park Addition is hereby assessed; said property abuts the east-west
alley between 33rd Street and 34th Street and from 12 feet east of the west
property line of Avenue V to 300 feet west of the west property line of Avenue
V, known and designated as Sub~Unit Number 45 of Unit Number A-350.
The herein described property, Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 16,
17, 18, 19 and 20 of Block 1, Jefferson Avenue Addition is hereby assessed;
said property abuts the east-west alley between 34th Street and 35th Street and
from 12 feet east of the west property line of Boston Avenue to 12 feet west of
the east property line of canton Avenue, known and designated as Sub-Unit Numbe
50 of Unit Number A-350.
The herein described property, Lots 5, 6, 7 and 8 of F. P. Day Addition, Lots
16, 17 and 18 of Williford Addition and that part of Lot 4, Block 30, Crump
Five Acre Addition described by metes and bounds as follows, beginning at a
point 25 feet north and 635.0 feet east of the southwest corner of Lot 4,
Block 30, Crump Five Acre Addition to the City of Lubbock, Lubbock County,
Texas; Thence west 635.0 feet; Thence north 127.5 feet; Thence east 635.0 f~et;
Thence south 127.5 feet to the point of beginning: and that part of Lot 3,
Block 30, Crump Five Acre Addition, beginning at a point 25.0 feet north of
the southwest corner of Lot 3, Block 30, Crump Five Acre Addition to the City
of Lubbock, Lubbock County, Texas; Thence north 127.5 feet; Thence east .
158.75 feet; Thence south 127.5 feet; Thence west 158.75 feet to the point of
beginning is hereby assessed; said property abuts the east-west alley between
49th Street and 50th Street and from the west property line of Avenue U to the
east property line of Avenue W, known and designated as Sub-Unit Number 51 of
Unit Number A-350.
The herein described property, Lots 84 thru 113, Oakwood Addition is hereby
assessed; said property abuts the east-west alley between 57th Street and 58th
Street and from the east property line of College Avenue to the west property
line of Avenue W, known and designated as Sub-Unit Number 52 of Unit Number
A-350.
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The herein described property, Lots 1, 2, 3~ 4, 5, 7 and 8 of Block 1, Tech
Terrace Addition~ all of Block 4~ University Place Addition is hereby assessed
said property abuts the east-west alley between 22nd Street and 23rd Street
and fr~ 14 feet west of the east property line of Flint Avenue to 12 feet eas
of the west property line of Elgin Avenue, known and designated as Sub-Unit
Number 53 of Unit Number A-350.
The herein described property, all of Block 2, Webb Addition is hereby
assessed; said property abuts the east-west alley between 19th Street and
20th Street and from 10.5 feet west of the east property line of Elgin Avenue
to 12 feet east of the west property line of Detroit Avenue, known and
designated as Sub-Unit Number 54 of Unit Number A-350.
The herein described property, all of Block 1, A. E. Coffman Subdivision is
hereby assessed; said property abuts the east-west alley between 20th Street
and 21st Street and fr~ the east property line of Nashville Avenue to the
west property line of Miami Avenue, known and designated as Sub-Unit Number
55 of Unit Number A-350.
The herein described property, Lots 1, 2, 3 and 8 of Block 2 Reeder Subdivisio
of part of Block 1, John w. Jarrott Addition is hereby assessed; said property
abuts the east-west alley between 20th Street and 21st Street and from the
east .. property line of Miami Avenue to 14 feet east of the west property line of
Memphis Avenue~ known and designated as Sub-Unit Number 56 of Unit Number
A-350.
The herein described property, Lot 1, of Block 2, Hillcrest Re-Subdivision is
hereby assessed; said property abuts the east-west alley between 34th Street
and 35th Street and from 9 feet east of the west property line of Vicksburg
Avenue to 100.0 feet west of the west property line of VicksburgAvenue,
known and designated as Sub-Unit Number 60 of Unit NumberA-350.
The herein described property, all of Block 215, Original Town and the center
9' 1~" of the alley along the Burlington Railroad Tracks is hereby assessed;
said property abuts the north-south alley between Avenue H and Avenue G and
from 12 feet north of the south property line of 17th Street to 12 feet south
of the north property line of 18th Street, known and designated as Sub-Unit
Number 1 of Unit Number A-351.
The description of property as described within this ordinance covers
&11 property to be assessed and resolves and takes precedence to more general
description found in preceding resolutions.
WHEREAS, the City Engineer prepared rolls or statements for the
improvements in each 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 pla~ was fixed for hearing to the owners of
such abutting property, and to all others in anywise interested, and due and
proper notice was given in compliance with law and in addition notices were
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mailed to each known proper~y owner to be assessed addressed to his last known
address~ and such hearing was had and held at the time and place fixed therefo
to-wit: ~on the 25th day of October, 1962, at 2:00 o'clock P.M. in the
Commission Room in the City of Lubbock, Texas~ and at such hearing all desirin ~
to be heard were fully 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 following protests were made concerning
the improvements in the units indicated namely:
§ub·Unit 3 of Unit A-350
Mr. Dude Buster appeared to oppose the length of the paving
improvements.
Sub-Unit 4 of Unit A-350
Mrs. R. o. Ater appeared opposing the paving improvements.
Mr. J. s. waller indicated by telephone that he was opposed to the
paving improvements.
Sub-Unit 6 of Unit A-350
The owner of Lubbock Apartments appeared opposing the paving
improvements.
Sub-Unit 7 of Unit A-350
}1r. Walker Stanton (Standard Milling Company) indicated by letter
that he was opposed to the paving improvements.
Sub-Unit 8 of Unit A-350
Porter Oil Company indicated by letter that he was opposed to paving
improvements.
Sub-Unit 10 of Unit A-350
Mr. s. s. Allcorn appeared opposing the paving improvements.
Mr. F. F. Crume appeared opposing the paving improvements.
Mr. w. A. Wilbanks appeared opposing the paving improvements.
Mr. G. N. Adams appeared opposing the paving ~provements.
Sub-Unit 11 of Unit A-350
Mr. Charles Cobb appeared opposing the paving improvements.
Mr. D. B. Gordon appeared opposing the paving improvements.
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Sub-Unit 12 of Unit A-350
Members representing the Flains Christian Church appeared opposing
the paving improvements.
Mrs . Edna Fertsch appeared opposing the paving improvements.
Mr. A. E. Clark appeared opposing the paving improvements.
Mr. G. W. Berry indicated by telephone that he was opposed to the
paving rate.
Members representing the First Four Square Gospel Church appeared
opposing the paving improvements.
Sub-Unit 13 of Unit A-350
Mr. A. B. Greer appeared opposing the paving improvements.
Mrs. J. H. Ing appeared opposing the paving rate.
Sub-Unit 15 of Unit A-350
Mrs. R. F. Bayless appeared opposing the paving improvements.
Mr. a. D. Williams appeared opposing the paving improvements.
Mr. John Agee indicated by telephone that he and his sister were
opposed to the paving improvements.
Sub-Unit 16 of Unit A-350
Mr. George Berry appeared on behalf of Thomas Rutledge Estate opposing
the paving rate.
Sub-Unit 17 of Unit A-350
Mr. George Turrentine appeared opposing the paving improvements.
Miss Irma Pryor appeared opposing the rate of interest charged.
Sub-Unit 21 of Unit A-350
Pat Wood appeared opposing the paving improvements.
Attorney for Melville and E. A. Hankins appeared opposing the paving
improvements.
Mrs. M. F. Brashear appeared opposing the paving improvements.
Sub-Unit 22 of Unit A-350
Mr. v. B. Foster and Ruth carter indicated by telephone that they were
opposed to the paving improvements.
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sub-Unit 28 of Unit A-350
Mr. Rufus Scarbrough appeared for and opposing the paving improvements~
Sub-Unit 29 of Unit A-350
Hattie E. Phillips appeared opposing the paving improvements.
Sub-Unit 31 of Unit A-350
R. H. and Herbert s. Lowrey appeared opposing the paving improvements.
Sub-Unit 33 of Unit A-350
Joe Baldridge indicated by telephone that he was opposed to the
10 foot paving.
Sub-Unit 36 of Unit A-350
Alfred B. Greer appeared opposing the paving improvements.
Sub-Unit 38 of Unit A-350
James G. Marshall was in favor of paving improvements if the city
v~ould pay for it.
Sub-Unit 40 of Unit A-350
James H. Goodman on behalf of The American Legion appeared opposing
the proposed paving length of this alley.
Sub-Unit 42 of Unit A-350
Mrs. c. B. Lively appeared opposing the paving improvements.
Sub-Unit 43 of Unit A-350
c. c. Williamson appeared opposing the paving improvements.
Sub-Unit 47 of Unit A-350
Mr. Townsend & Mr. Strong appeared opposing the paving ±mprovements.
Mr. Joe Horkey appeared opposing the paving improvements.
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Sub-Unit 52 of Unit A-350
Mr. w. D. Menefee presented a letter signed by those property owners
listed below that were opposed to the paving improvements.
A. L. Wilson Randel McGlaun Mrs. A. J. Liguori
L. J. Sollis Don Reeder H. E. Corbin
R. B. McDonell A. L. Wilson, Jr. Hunter Tolbert
Eddie Z. Orr, Jr. Stan Graham Brooks Robinson w. D. Cross Lawrence Evans E. L. Jeter
Sub-Unit 53 of Unit A-350
Mrs. Myrtle Edith Norcross indicated by telephone that she was
opposed to the paving improvements,
Neva Roger Gahring indicated by telephone that she was opposed to
the paving improvements.
Sub-Unit 57 of Unit A-350
Mr. J. H. Williams indicated by telephone that he was opposed to the
paving ~provements.
Sub-Unit 58 of Unit A-350
J. D. and Bob Hunter appeared to oppose the paving improvements.
Travis Taylor appeared on behalf of the Panhandle & santa Fe Railroad
Company opposing the paving improvements.
Sub-Unit 1 of Unit A-351
Attorney for Burlington Lines, Inc. appeared opposing the proposed
concrete paving. They wanted to board tracks in this alley.
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 any
protest and all parties desiring to be heard, and having fully considered all
matters presented for consi deration, and having fully considered all of the
evidence, and all pertinen~ 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
BB IT amAlN.ED BY THE CITY COOIISSION OF THB CITY OF LUBBOCK;
I.
That all protests and objections, whether herein specifically men-
tioned or not, shall be and the same are hereby overruled and the said hearing
with respect to each and all Sub-Units and Units, is hereby closed. (Except
that it was found that alley paving Sub-Unit 4 of Unit A-350, Sub-Unit 10 of
~~it A-350, Sub-Unit 11 of Unit A-350, Sub-Unit 12 of Unit A-350, Sub-Unit 21 ~
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of. U~it A-350, Sub-Unit 31 of Unit A-350, Sub-Unit 47 of Unit A-350, Sub-Unit
57 of Unit A-350 and Sub-Unit 58 of Unit A-350 were erroneously included in t
public notice and in the contemplated ordinance and in other proceedings;
therefore no assessment shall be made against the property included in said
Sub-Units by this ordinance and the City Engineer is hereby directed to delete
and/or omit the engineer's assessment roll for said Sub-Units consistent with
this finding.
II.
The City Commission, from the evidence finds that the assessments
herein levied shall be made and levied against the respective parcels of
property abutting upon the said portions of 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 concerned, considering
benefits received and burdens imposed, and further finds that in each case the
abut~ing property assessed is specifically benefitted in the enhanced value
thereof, by means of the improvement in the Sub-Unit 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 burdens imposed, finds that the owners of railroads occupying and/or
crossing portions of alleys herein named shall pay 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 any 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 alleys, hereinbelow
mentioned and against the real and true owners thereof, whether such owners
be listed correctly herein or not, the sums of money belowmentioned and
itemized shown opposite the description of the respective parcels of property
and railroads crossing or occupying alleys; the descriptions of such property
and railroads, and several amounts assessed against same, and the owners
thereof, being as follow§J (Rolls inserted in Original copy of Ordinance and
in separate Ordinance Book. Note a special description shall be made on the
Roll of a Sub-Unit along the boundary of the City).
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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 the improvements in one Unit are in no wise related to or connected with
the improvements in any other Unit, and in making assessments and in holding
said hearing the amounts so assessed for improvements in one Unit have been in .
nowise affected by any fact in anywise connected with the improvements 1 or the ~
assessments therefor, or any other 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 seven (7%) per cent per annum, together with reasonable
attorney's fees and cost of collection, if incurred, are hereby declared to be
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 lien, superior to all other liens
and claims, except 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 by the City of the improvements in t
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 installment 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 (7%) 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
installments and with interest from the date of such completion and acceptance,
provided that any owner shall have the right to pay off the entire assessment,
or any installment thereof, before maturity, by payment of principal and
accrued interest, and provided further that if default shall be made in the
payment of any installment promptly as the same matures, then the entire amoun
of the assessment, upon which such default is made shall, at the option of
Frank B. Hodges, Contractors, Inc., or its assigns, be and become immediately
due and payable, and shall be collectible with reasonable attorney's fees and
costs o£ collection if incurred.
VI.
The City of Lubbock shall not in any manner be liable for the payment
of any sums hereby assessed against any property and the owners thereof, but
Frank B. Hodges, Contractors, Inc., shall look solely to said property, and
the owners thereof, for the payment 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 payment of any assessments collection thereof shal
be enforced either by sale of the property by the Tax Collector and Assessor of
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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 of Frank B.
Hodges Contractors, Inc., or its assigns, payment of said sums shall be
enforced by suit in any court having Jjurisdiction.
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 wor
in each Sub-Unit of ~provement as the work in such Sub-Unit is completed and
accepted, which certificates shall be executed by the }otayor in the name of the
City, attested by the City Secretary with the corporate seal, and shall be
payable to Frank B. Hodges Contractors, Inc., or its assigns, and shall declare
the said qmounts and the time and terms of payment and rate of interest and
date of c~pletion 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 identify the same, and if
the said property shall be owned by an estate, 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 an
property, or in giving the name of any owners, shall in anywise 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 payment of any installment of principal or interes
due, when, then, at the option of Frank B. Hodges Contractors, Inc., or its
assigns, the whole of the said assessment evidenced thereby shall at once be-
come due and payable, and shall be collectible with reasonable attorney's 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 thereof the same may be enforced either by the sale of the
property by the Tax Collector and Assessor of the City of Lubbocl<, 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 clatm of personal liabili-
ty 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
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 two installments, leaving the main certificate
for the third.
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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 collec· ~~
tion thereof, and said certificates may contain other and further recitals ~
pertinent and appropriate thereto. It shall not be necessary that said certif ;.;""~
icates shall be in the exact form as above set forth, but the substance and ~_.
effect thereof shall suffice. l~ Q')
VIII.
The assessments levied by this ordinance for the ~provements in
each Unit are altogether separate and distinct from assessments in each and
every other unit. The assessments for improvements in one unit are in nowise
affected by the improvements in or the assessments levied for the fmprovements
in any other unit, and in making and levying assessments the cost of the im-
provements in each Unit, the benefits by means of the ~provements, 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 mat-
ters in any other unit, and the omission 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 particular unit in front
of any property exempt from the lien of such assessments shall in nowise
affect or impair the validity of assessments 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
assessment, or in any other matter or thing, shall in any wise invalidate or
impair any assessment levied hereby or any certificate issued, 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 any be incorrectly named.
Passed and approved by unanimous vote of the City Commission this the
25th day of October, 1962.
Passed and approved by unanimous vote of the City Commission this the
_..;;O::~B:..::::t=h_day of · Nov:ember , 19 62" •
Passed and approved by unanimous vote of the City Commission this the
_2_0_t_h __ day of November , l¢2 •
·.~
Cily Atlorney
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