HomeMy WebLinkAboutOrdinance - 4102-1963 - Closing Hearing And Levying Assessments Cost Of Parkway Drive Acess Road. - 05/09/1963Ordinance No. 4244 November 14, 1963
GWO 10,400 See Ordinance No. 4153A for Correctio~
Sub•Units 5 12 & 13 Unit No. 2099 ,..n"1"111U-uo. 4102 ~5-o1a-1.9U, o
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01 SOCB ASSESSMiftS AND I'Cil THE ISSUlNCB at ASSIGR&.IIB CEUDICAT.BS IN IVllEla
TBD.Bat, A.u.ocA.rm; FUNDS.
WHB&BlS, the City of Lubbock, a Rome au1e MUnicipality, bas heretofore
ordered that the hereinbelow .. ntioned portions of •treeta, highways, avenues
and/or alleys be improved by tbe raising, gt:ading and filling and paving and
by installing concrete curb and gutters and drains where necessary on
Sub•Unit Number 1 of Unit Mumber 2097
Sub-Unit Numbers 1, 2, 3, S, 61 7 an4 8 of Unit Number 2098
Sub•Unit Numbers 11 2, 3, 4, 5, 61 7, 81 9, 10, 11, 12, 13, 14, 15, 16, 17, 18,
19, 20, 21, 24, 25, 26, 27, 28, 29 an4 30 of Unit Humber 2099
Sub•Unit Numbers 1, 2, 3, 4, 5, 6 and 8 of Unit Humber 2100
Sub•Unit Rumbera 11 2 and 3 of Unit Number 2101
Sub-Unit Bomber 1 of Unit Number 2102
Sub•Unit Number 2 of Unit Humber 2103
Sub•Unit Numbers 1 an4 2 of Unit Number 2104
Sub•Unit Numbers 1, 2, 3, 4, 5, 6, 7 and 8 of Unit Humber 2105
Sub•Unit Numbers 11 2 and 3 of Unit RUBber 2106
Sub•Unit Buaber 1 of Unit Humber 2107
the paving to be of quadruple asphalt eurface treatment (inverted penetration
type) on a eix (6) inch compacted caliche base, together with the necessary
incidentals and appurtenances, all as provided iu the specifications prepared
by the City Bqineer, now on file with said city; and arrangement for tbe
king and cDR8truction of such improvements and contract waa entered into with
• A. Purtell, said portions being a• follows, to-wit:
arkway Drive Acuas J.oad from its intersection with a line 16 feet West of the est
roperty tiDe of Zenith Avenue to ita intersection with tbe Bast Property tiDe
of Walnut Avenue, known and designated as Sub-Unit Mu.ber 1 of Unit Humber 2097,
outh Side, (Curb and Gutter only).
th Street from its intersection with tbe East Property Line of Peoria Avenue
o its intersection with a line 13 feet West of the West Property Line of
lando Avenue, known and designated as Sub-Unit Number 1 of Unit RUD.Iber 2098.
44th Street from its inters~ction with a line 13 feet west of the west Propert
Line of Orlando Avenue to its intersection with the West Property Line of
Nashville Avenue, known and designated as Sub-Unit Number 2 of Unit Number 209 •
45th Street from its intersection with the west Property Line of Orlando
Avenue to its intersection with the East Property Line of Peoria Avenue,
known and designated as Sub-Unit Number 3 of Unit Number 2098.
Detroit Avenue from its intersection with the South Property Line of 1st
Street ~est Leg) to its intersection with the North Property Line of 1st
Place (&ast Leg), known and designated as Sub-Unit Number 5 of Unit Number
2098.
Elgin Avenue from its intersection with the North Property Line of 2nd Street
to its intersection with the South Property Line of 1st Place, known and
designated as Sub-Unit Number 6 of Unit Number 2098.
Flint Avenue from its intersection with the North Property Line of Emory
Street to its intersection with a line 8 feet North of the South Property Line
of Erskine Street, known and designated as Sub-Unit Number 7 of Unit Number
2098.,.
Flint~venue from its intersection with the North Property Line of Duke Street
to its intersection with the South Property Line of Emory Street, known and
designated as Sub-Unit Number 8 of Unit Number 2098.
lOth Street from its intersection with a line 13 feet East of the East Propert
Line of Vicksburg Avenue to its intersection with a line 6 feet West of the
west Property Line of Toledo Avenue, known and designated as Sub-Unit Number 1
of Unit Number 2099.
11th Street from its intersection with a line 13 feet East of the East
Property Line of Vicksburg Avenue to its intersection with a line 6 feet West
of the West Property Line of toledo A.venue, known and designated as Sub-Unit
Number 2 of Unit Number 2099.
12th Street from its intersection with a line 6 feet west of the West Property
Line of Toledo Avenue to its intersection with a line 13 feet East of the East
Property Line of Vicksburg Avenue, known and designated as Sub-Unit Number 3
of Unit Number 2099.
13th Street from its intersection with a line 3 feet East of the East Property
Line of Vicksburg Avenue to its intersection with a line 8 feet West of the
West Property Line of Utica Place (South Leg), known and designated as Sub•
Unit Number 4 of Unit Number 2099.
16th Street from its intersection with a line 13 feet East of the East Propert
Line of Raleigh Avenue to its intersection with a line 6 feet West of the West
Property Line of Quaker Avenue, known and designated as Sub-Unit Number 5 of
Unit NUmber 2099.
17th Street from its intersection with a line 105.4 feet West of the West
Property Line of &&leigh Avenue to its intersection with a line 16.0 feet West
of the west Property Line of Quaker Avenue, known and designated as Sub-Unit
Number 6 of Unit Number 2099.
18th Street from its intersection with a line 16 feet West of the west Property
Line of Toledo &venue to its intersection with a line 14 feet west of tbe Bast
Property Line of Utica Avenue, known and designated as Sub-Unit Number 7 of
Unit Number 2099.
18th Street from its intersection with a line 13 feet West of the West Property
Line of salem Avenue to its intersection with a line 16 feet west of the West
Property Line of Toledo Avenue, known and designated as Sub-Unit Number 8 of
Unit Number 2099.
18th Street from its intersection with a line 13 feet West of the West Property
Line of Salem Avenue to its intersection with a line 13 feet West of the west
Property Line of aaleigh Avenue, known and designated as Sub-Unit NUmber 9
of Unit Number 2099.
18th Street from its int.ersection with a line 13 feet East of the East Property
Line of Raleigh Avenue to its intersection with a line 26 feet west of the
West Property Line of Quaker Avenue, known and designated as Sub-Unit Number 10
of Unit Number 2099.
Salem.Avenue from its intersection with a line 2.5 feet South of the South
Property Line of the alley South of 16th street to its intersection with a line
18 feet North of the North Property Line of 17th Street, known and designated a
Sub-Unit Number 11 of Unit Number 2099.
Salem Avenue from its intersection with a line 18 feet South of tbe South
Property Line of 17th Street to its intersection with a line 13 feet North of
the North Property Line of 18th Street, known and designated as Sub•Unit
Number 12 of Unit Number 2099.
Salem Avenue from its intersection with a line 13 feet South of the South
Property Line of 18th Street to its intersection with the North Property Line
of 19th Street, known and designated as Sub-Unit Number 13 of Unit Number_2099.
21st Street from its intersection with a line 3 feet west of the West Property
Line of Bangor Avenue to its intersection with a line 11 feet East of the East
Property Line of Chicago Avenue~ known and designated as Sub•Unit Number 14 of
Unit Number 2099.
Orlando Avenue from its intersection with a line 12 feet North of the South
Property Line of 42nd Street to its intersection with a line 2 feet North of
the North Property Line of 43rd Street, known and designated as Sub-Unit
Number 15 of Unit Humber 2099.
orlando Avenue from its intersection with a line 2 feet South of the South
Property Line of 43rd Street to its intersection with a line 15 feet North of
the North Property Line of 44th Street~ known and designated as Sub-Unit
Number 16 of Unit Number 2099.
Orlando Avenue from its intersection with a line 15 feet South of the South
Property Line of 44th Street to its intersection with a line 2 feet North of
the North Property Line of 45th Street, known and designated as Sub-Unit
Number 17 of Unit Number 2099.
Orlando Avenue from its intersection with a line 2 feet South of the South
Property Line of 45th Street to its intersection with a line 2 feet North of
the North Property Line of 46th Street, known and designated as Sub-Unit
Number 18 of Unit Number 2099.
Ayenue P from its intersection with a line 13 feet North of the South Property
Line of 34th Street to its intersection with a line 5 feet South of the South
Property Line of 36th Street, known and designated as Sub-Unit Number 19 of
Unit Number 2099.
Avenue P from its intersection with a line 5 feet South of the South Property
Line of 36th Street to its intersection with a line 2 feet North of the North
Property Line of 38th Street (East Leg), known and designated as Sub-Unit
Number 20 of Unit NUmber 2099.
Avenue P from its intersection with a line 2 feet South of the South Property
Line of 38th Street to its intersection with a line 2 feet North of the North
Property Line of 39th Street, known and designated as Sub-Unit Number 21 of
Unit Number 2099.
Fordham Street from its intersection with a line 1 foot East of the East
Property Line of North Avenue N to its intersection with a line 13.91 feet Bast
of the west Property Line of North Avenue Q Access &oad, known and designated
as Sub-Unit Number 24 of Unit Number 2099.
cornell Street from its intersection with a line 12 feet West of the East
Property Line of Avenue U to its intersection with a line 5 feet West of the
West Property Line of Avenue T, known and designated as Sub-Unit Number 25 of
Unit Number 2099.
Amherst Street from its intersection with a line 13 feet West of the Wes t
Property Line of Boston Avenue to its intersection with the East PropertlPLine
of Lot 19, Block 2, F. a. Friends Addition, known and designated as Sub•Unit
Number 26 of Unit Number 2099.
Boston Avenue from its intersection with the South Property Line of Baylor
Street to its intersection with a line 7 feet North of the North Property Line
of Bates Street, known and designated as Sub-Unit Number 27 of Unit Number 2099
Boston Avenue from its intersection with a line 7 feet South of the South Prop-
erty Line of Bates Street to its intersection-with the North Property Line of
Auburn Street, known and designated as Sub-Unit Number 28 of Unit Number 2099.
Itasca Street from its intersection with a line 15 feet West of the west
Property Line of Salem Avenue to its intersection with a line 10 feet West of
the center line of Quaker Avenue, known and designated as Sub-Unit NUmber 29
of Unit Number 2099.
-Itasca Street from its intersection with a line 11 feet West of the Bast
Property Line of Utica Avenue to its intersection with a ·line 15 feet West of
the Wast Property Line of Salem Avenue, known and designated as Sub•Onit
Bumber 30 of Unit lfulaber 2099.
13th Street from its intersection with a line 8 feet West of the West Property
Line of Utica Place to its intersection with a line 16 feet West of tbe West
Property Line of Toledo Avenue, known and designated as Sub-Unit Number 1 of
Unit Number 2100.
East 1/2 of Toledo Avenue from its intersection with a line 36 feet North of
the alley North of 11th Street (West Leg) to its intersection with a line
48.74 feet South of the alley South of 11th Street (West Leg), known and
designated as SubAUnit Number 2 of Unit Number 2100.
Toledo Avenue from its intersection with a line 8 feet North of the North
Property Line of lOth Street (West Leg) to its intersection with a line 94
feet South of tbe South Property Line of lOth Street (West Leg), known and
designated as Sub-Unit Number 3 of Unit Number 2100.
Utica Place from its intersection with a line 8 feet South of the South
Property Line of 13th Street (West Side) to its intersection with a line
8 feet North of the North Property Line of 15th Street (Vest Side), known and
designated as Sub·Uuit Number 4 of Unit Humber 2100. ><
Toledo Avenue from its intersection with a line 13 feet South of the South
Property Line of 17th Street to its intersection with a line 13 feet North of
the North Property Line of 18th Street, known and designated as Sub·Unit
Number 5 of Unit Number 2100.
Toledo Avenue from its intersection with a line 13 feet South of the South ~
Property Line of 18th Street to its intersection with a line 2.5 feet North of
the North Property Line of the alley South of 18th Street, known and designated~
as Sub•Unit Number 6 of Unit Number 2100. ~
canton Avenue from its intersection with a line 14 feet North of the South
Property Line of 1st Street (West Side) to its intersection with a line 14
feet South of the North Property Line of 1st Place (West Side), known and
designated as Sub•Unit Number 8 of Unit Number 2100.
Avenue B from its intersection with a line 12 feet North of the South Property
Line of 30th Street (Bast Leg) to its intersection with a line 13 feet South
of the North Property Line of 34th Street, known and designated as Sub•Unit
Number 1 of Unit Number 2101.
Guava Avenue from its intersection with the South Property Line of Bast 2nd
Street to its intersection with a line 3 feet North of the North Property Line
of Bast Jrd Street, known and designated as Sub•Unit Number 2 of Unit Number
2101.
Guava Avenue from its intersection with the South Property Line of East 2nd
Street to its intersection with a line 74 feet North of the South Property Line
of Parkway Drive, known and designated as Sub-Unit NUmber 3 of Unit Number 2101
~
! ~ ~ ~
17th Street from its intersection with a line 2 feet West of the west Property
Line of Avenue r to its intersection with a line 27 feet Weat of the Bast
Property Line of Avenue G~ known and designated as Sub-Unit Humber 1 of
Unit Number 2102.
Quaker Avenue from its intersection with a line 3 feet North of the North
Property Line of the alley North of 11th Street (West Side) to its intersection
with a lioe 9 feet North of the South Property Line of 18th Street (Bast Side)-
known and designated as Sub-Unit Humber 2 of Unit Number 2103.
Quirt Avenue from its intersection with the South Paving Line of Parkway Drive
to its intersection with the North Lip Line of Kaat Broadway~ known and
designated as Sub-Unit Number 1 of Unit Number 2104.
Quirt Avenue from its interaection with the South Lip Line of East Broadway
to its intersection with the North Lip Line of Idalou &oad, known and
designated as Sub-Unit Number 2 of Unit Number 2104.
East 1/2 of Indiana Avenue from ita intersection with a line 50 feet South of
the North Property Line of 4th Street to its intersection with a line 8 feet
South of the South Property Line of 3rd Street, known and designated as ·
Sub•Unit Number 1 of Unit Number 2105.
Bast 1/2 of Indiana Avenue from its intersection with a line 8 feet south of
the South Property Line of 3rd StrHt to its intersection with a line 5 feet
South of the South Property Line of 2nd Street, known and designated as Sub-Uni
Number 2 of Unit Number 2105.
East 1/2 of Indiana Avenue from its intersection with a line 5 feet South of
the South Property Line of 1st Street to its intersection with a line 5 feat
South of the South Property Line of 2nd Street, known and designated as Sub·
Unit Number 3 of Unit Number 2105.
East 1/2 of Indiana Avenue frQn its intersection with a line 5 feet South of
the south Property Line of Auburn Street to its intersection with a line
5 feet South of the South Property Line of 1st Street, known and designated
as Sub-Unit Number 4 of Unit Number 2105.
East 1/2 of Indiana Avenue from its intersection with the North Property Line
of Baylor Street to its intersection with a line 5 feet South of the South
Property Line of Auburn Street, known and designated as Sub-Unit Number 5 of
Unit Number 2105.
East 1/2 of Indiana Avenue from its intersection with a line 4.66 feet North
of the North Property Line of Cornell Street to its intersection with the
North Property Line of Baylor Street, known and designated as Sub·Unit Number
6 of Unit Number 2105.
Bast 1/2 of Indiana Avenue from its intersection with a line 8 feet North of
the North Property Line of Duke Street to its intersection with a line 4.66
feet North of the North Property Line of cornell Street, known and designated
as Sub~Unit Number 7 of Unit Number 2105.
East 1/2 of Inoiana Avenue tram its intersection with a line 30 feet North of
the South Froperty Line of Erskine Street (Bast Side) to its intersection with
a line 8 feet North of the North Property Line of Duke Street, known and
designated as Sub-Unit Number 8 of Unit Number 2105.
South 1/2 of 50th Street from its intersection with a line 2.5 feet East of the
Bast Property Line of the alley East of Avenue N to its intersection with a
line 21 feet East of the East Property Line of Avenue L, known and designated
as Sub-Unit Number 1 of Unit Number 2106.
South 1/2 of 50th Street from its intersection with a line 21 feet East of the
East Property Line of Avenue L to its intersection with a line 18 feet West of
the west Property Line of Texas Avenue, known and designated as Sub-Unit
Number 2 of Unit Number 2106.
Soutb )/2 of 50th Street from its intersection with a line 18 feet West of the
West Property Line of texas Avenue to its intersection with a line 14 feet
West of the West Froperty Line of Avenue H, known and designated as Sub-Unit
Number 3 of Unit Number 2106.
South 1/2 of 50th Street from its intersection with a line 318.7 feet West of
the West Property Line of Avenue Q to its intersection with a line 6 feet
West of the East Property Line of Avenue U, known and designated as Sub-Unit
Number 1 of Unit Number 2107.
WHEREAS, the City Engineer prepared rolls or statements for the
improvements in each unit, showing the amounts to be assessed against tbe
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
appr-oved, and a time and place 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
mailed to each known property owner to be assessed addressed to his last
known address~ and such hearing was had and held at the ttme and place fixed
therefor~ to-wit: on the 9th day of May, 1963, at 2:00 o'clock P~. in the
Commission aoom in the City of Lubbock, Texas, and at such bearing all de-
siring 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:
Sub-Unit 1 of Unit 2097
Mr. ora s. Steele appeared opposing the proposed paving improvements on
Parkway Drive Access &oad.
Sub-Unit 3 of Unit 2098
Mrs. Wendell Acker appeared on behalf of Billie J. Mize opposing the proposed
paving improvements on 45th Street.
A
Sub•Unit 5 of Unit 2098
Mr. P. H. McMinn indicated by telephone that he was opposed to the proposed
paving improvements on Detroit Avenue.
Sub-Unit 1 of Unit 2099
Mr. Melvin T. Lisman indicated by telephone tbat be was opposed to the
proposed paving ~provements on lOth Street.
Sub-Unit 6 of Unit 2099
Mr. Winton c. Sulton appeared opposing the proposed paving improvements on
17th Street.
Mr. Henry J. Shine appeared opposing the proposed paving improvements on
17th Street.
Mr. aobert Melcher indicated by mail that he was opposed to the proposed
paving improvements on 17th Street.
Mr. Jlilmes A. Nunley, Jr. appeared opposing the proposed paving improvements
on 17th Street.
Sub-Unit 8 of U~it 2099
Dr. c. B. Batson appeared opposing the proposed paving improvements on 18th
Street. '!
Mr. 1. w. Williams, Jr. indicated by mail that he was opposed to the proposed
paving improvements on 18th Street. -.
Mr. c. L. Hoffman indicated by mail that he was opposed to the proposed
paving improvements on 18th Street.
Hr. Barry c. Sieber indicated by mail that be was opposed to the proposed
paving improvements on 18th Street.
Mr. Billy D. Dement appeared opposing the proposed paving improvements on
18th Street.
Dr. o. a. Band indicated by mail that he was opposed to the proposed paving
improvements on 18th Street.
~
Mr. c. Rowland indicated by mail that he was opposed to the proposed paving
improvements on 18th Street.
Sub-Unit 10 of Unit 2099
Mr. u. M. Reed, Jr. appeared opposing the proposed paving improvements on
18th Street.
Mr • B. B.. Brady appeared opposing the proposed paving improvements on 18th
Street.
Sub-Unit 12 of Unit 2099
Mr. Billy B. Dement appeared opposing the proposed paving improvements on
salem Avenue.
Mr. Billy B. Dement appeared on behalf of J • Blair Cherry oppoaing the
proposed paving tmprovements on Salem Avenue.
Sub-Unit 13 of Unit 2099
Mr. c. Rowland indicated by mail that he was opposed to the proposed paving
improvements on Salem Avenue.
Sub-Unit 15 of pnit 2099
Mrs. B. Arline Gross indicated by telephone that she was opposed to the pro-
posed paving improvements on Orlando Avenue.
Mra. Francis M. Scherin indicated by telephone that she was opposed to the
proposed paving improvements on Orlando Avenue.
Sub-Unit 17 of Unit 2099
Mr. James Wendell Acker appeared opposing the proposed paving improvements on
Or lando A venue.
Sub~Unit _l9 of Unit 20~9
Mr. a. Q. Stubbs indicated by telephone that he was opposed to tbe proposed
paving improvements on Avenue P.
Sub-Unit 20 of Unit 2099
Mr. r()m Jones indicated by telephone that he was opposed to the proposed paving
improvements on Avenue P.
Mrs. Ada Witt appeared opposing the-proposed paving improvements on Avenue P.
Sub-Unit"23 of Qnit 2099
Mr. J. a. Boatman appeared opposing tbe proposed paving improvements on Beech
Avenue. .
Mr. A. A. Stephens appeared opposing the proposed paving improvements on
Beech Avenue.
w • .Preston crawford appeared on behalf of Mrs. Iva Edington opposing the
proposed paving improvements an Beech Avenue.
w. Preston crawford appeared opposing the proposed paving improvements on
Beech A venue.
Sub•ynit ~6 of Unit 2099
Mr~ Max M. Coleman indicated by telephone tbat he was opposed to the proposed
paving ~provements onAmherst Street~ ..
Sub-Unit 29 of Unit 2099
Jack Ball, Jr. appeared opposing the proposed paving tmprovements on Itasca
Street.
Warren Henry appeared opposing the proposed paving ~provements on Itasca
Street.
Sub•Unit 5 of Unit 2100
Dr. c. B. Batson appeared opposing the proposed paving improvements on
Toledo A venue
Mrs. John Jarrott indicated by mail that she was opposed to the proposed
paving improvements on Toledo Avenue.
Mr. Charles s. Williams indicated by mail that he was opposed to the
proposed paving improvements on Toledo Avenue.
Sub~Unit 6 of Unit 2100
Mr. Jt.ufus B.ush indicated by mail that he was opposed to the proposed paving
improvements on Toledo Avenue.
Dr. 0. R. Hand indicated by mail that he was opposed to the proposed paving
improvements on Toledo Avenue.
Sub•Unit 7 of Unit 2100
Mr. Sterling c. Evans on behalf of Gus s. Wortham indicated by telegram that he
was opposed to the proposed paving improvements on Holly Avenue.
Sub-Unit 8 of Unit 2100
Lola Bell Dowo.ing Ball appeared oppoaios the propoaed paving improwments on
caat OD Awnue •
Sub~Unit 1 of Unit 2101
Attorney for the Port Worth and Denver Railway Co. appeared opposing the
proposed paving improvements on Avenue ~·
J~mes Coffman appeared opposing the proposed paving improvements on Avenue B.
T. w. Coffman appeared opposing the proposed paving improvements on Avenue B. . .
w. B. Morris indicated by telephone that he was opposed to the proposed paving
improvements on Avenue B.
Sub•Unit 1 of Unit 2101 Contd.
Edna Ma~ Brown appeared opposing the proposed paving improvements on Avenue B.
Henry A. Williams appeared opposing the proposed paving improvements on
Avenue B. ~
Monroe F. carr appeared opposing the proposed paving improvements on Avenue B. ~
c. o. Winterrowd appeared opposing the proposed paving improvements on f\j
Avenue B. iY ~
Madeline Music indicated by telephone that she was opposed to the proposed t:Q'
paving improvements on Avenue B. (JO
Sub•Unit 2 of Unit 2101,
Troy D. Randolph appeared opposing the proposed paving im.pr~nts on
Guava Avenue.
w. E. A~in appeared opposing the proposed paving improvements on Guava Avenue.
Jesse·F. McDonald appeared opposing the proposed paving improvements on
Guava Avenue.
Sub•Unit 2 of Unit 2103.
James A. Nunley, Jr. appeared opposing the proposed paving improvements on
Quaker A:yenue.
Wilton c. Sutton appeared opposing the proposed paving improvements on
Quaker A venue.
Sub-Unit 1 of Unit 2105
&oger McCown appeared opposing the proposed paving improvements on the East
1/2 of Indiana Avenue.
Sub-Unit 3 of Unit 2105
Dorothy Bundrant appeared opposing the proposed paving improvements on East
1/2 of Indiana Avenue.
Archie Kuykendall appeared opposing the proposed paving improvements on the
East 1/2 of Indiana Avenue.
Sub•Unit 6 of Unit 2105
John J. Alonzo appeared opposing the proposed paving improvements of the East
1/2 of Indiana Avenue. ' .
George R. Lampe appeared opposing the proposed paving improvements on the East
1/2 of Indiana Avenue.
Sub·UD~t 8 of Unit 2105
George E. Bichola appeared opposing the proposed paving impro'YUI8nts on the
East 1/2 of Indiana AveDUe.
Chester G. Addington appeared opposing the proposed paving improvements on
the East 1/2 of Indiana Avenue.
And all objections and protests made were fully considered and said
hearing was continued from day to day and from time to tiM until this date,
and the City Caaission having fully and fairly heard all parties making any
protest and all parties desiring to be heard, and having fullycconsidered all
matters presented for consideration, and having fully considered all of the
evidence, and all pertinent and proper matters is of opinion tbat the
following disposition should be made of such protests and objections, and that
assessments should be made as herein ordained, THBI.II'Ql£ x
BE IT ClmlRD BY 'I'BB CITY CCHOSSION C/1 THE CITY Cll LUBBOCK:
x.
!'bat all protests and objections, whether herein specifically mention•
ed or not, shall be and the same are hereby overruled and the said bearing,
with respect to each and all Sub•Units, is hereby closed, except that it wae
found that paving Sub•Unit 23 of Unit 2099 and Sub•Unit 7 of Unit 2100,
were erroneously included in the public notice and in the contemplated ordinan
and in other proceedinp; therefore no asaessment shall be made against tbl
property included in said Sub-Units 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 COI'IIIIlission, from the evidence finds that the assessments
herein levied shall be made and levied against the respective parcels of
property abutting upon the said port ions of streets, highways, avenues a"nd/ or
alleys and against the owners of such property, and that such assessments are
right and proper and established substantial justice and equality and unifo~
ity between the ~spective owners and respective properties. and between all
parties concerMd, 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 improveMnt in tbe
SubwUnit upon which the particular property abuts, and for which assessment is
levied, in a sum in excess of the assessment levied, against sam. by this
ordinance, and further finds that the apportiODIIIent 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.
...
7 ---------
1
]
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 streets, highways, avenues and/or 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 ~uperior to any other s
lien or claim except State, county and Municipal Taxes. ~
III.
I ,....
the ~
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, whether such owners be listed correctly herein or not, the
swns of money belowmentioned and itemized shown opposite the description of
respective parcels of property and railroads corssing or occupying streets,
highways, avenues and/or alleys; the descriptions of such property and rail-
roads, and several amounts assessed against same, and the Owners thereof,
being as follows: (Rolls inserted in Original copy of Ordinance and in
separate Ordinance Book. Note a special description shall be made on the Roll
of ~ Sub-Unit along the boundary of the City).
•••••-••----------•-•••••--•----------------••·.-••••••••--~~----------•-•••,•-·-·--~-~o~••~HH~~~·
That the assessments so levied are for the improvements in the particu-
lar 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, 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 six (6%) 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 cla~ 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 the
1
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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 comple.tion 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
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
amount of the assessment, upon which such default is made shall, at the option
of L. A. Purtell, or his assigns, be and become immediately due and payable,
and shall be collectible with reasonable attorney's fees and costs of
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
L. A. Purtell, 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
enfor~ement and collection of said liens and assessments, and if default shall
be made in the payment of any assessments c9llection thereof shall be enforced
either by sale of the property by the Tax. Collector and Assessor of the City o
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 L. A. Purtell,
or his assigns, payment 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 wor
in each Sub-Unit of improvement as the work in such sub-Unit is completed and
accepted, which certificates shall be executed by the Mayor in the name of the
city, attested by the City Secretary with the corporate seal, and shall be
payable to L. A. Purtell, or his 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 tmprovements 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 any proper~
ty, or in giving the name of any owners, shall in ~n~1ise 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
interest due, when, then, at the option of L. A. Purtell, or his assigns,
the whole of the said assessment evidenced thereby shall at once become 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 t
payment thereof 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 bad 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 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.
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 may contain other and further
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 thereof shall suffice.
VIII.
The assessments levied by this ordinance for the improvements 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 improvements
in any other unit, and in making and levying assessments the cost of the ~
provements in each Unit, the benefits by means of the improvements, 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
matters 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 improve-
ments in any other unit. The omis~ion of improvements in any particular unit in front of any property exempt from the lien of such a•sessments shall in
nowise affect or tmpair 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
l
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 ttme by
the city. f..
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
9th day of May, 1963.
Passed and approved by unanimous vote of the City Commission this tbe
16th day of May • 19 63 •
PuH4 au4 &PP'&'owd by 11D&Sl11loaa vote of tba City C-.iaa10D this the
__ 2_3_rday of May , 19 63 •
(