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HomeMy WebLinkAboutOrdinance - 3950-1962 - Closing Hearing, Levying Assmnt. For A Part Of Cost Of Improving Alleys. GWO2775 - 10/25/1962.- 10-26--J.9(o~ GWO 2775 \\-08-\~lo~ \\ -20 -\.9ta;;L 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. ~ -J -1- 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. -2- 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. -4- c::: 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. -s--..] ) 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. -6- ) 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 -7- 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. -8- ) 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. -9- 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. -10- . . ., 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 ~ -11- 0 ~: 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). -12- ../ 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 -13- 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. -14- -- 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 • w -1~-