HomeMy WebLinkAboutOrdinance - 5901-1970 - Paving Assessments - 06/10/1970G.W .o. 2993
ORDINANCE NO. 5901
VotlZ~ / PAGE
AN ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR A PART OF GENEVA
AVENUE, EAST STANF9RD STREET, 46TH STREET, 48TH STREET, 80TH STREET, 61ST STREET,
22ND STREET, LA.SALLE AVENUE, 20TH STREET, PEORIA AVENUE, 7TH STREET, EAST 47TH
STREET, AVENUE S, AVENUE W, CYPRESS ROAD, 23RD STREET, 58TH STREET, 66TH STREET,
ELM AVENUE, EAST 14TH STREET, IVORY AVENUE, EAST 52ND STREET, NORTH AVENUE T,
HARVARD STREET AND INDIANA AVENUE, SUCH PORTIONS BEING MORE PARTICUIARLY DESCRIBED v
IN THE PAVING ASSESSMENTS OF THE CITY OF LUBBOCK ATTACHED HERETO AND MADE A PART
HEREOF AND PORTIONS OF OTHER SUNDRY STREETS, HIGHWAYS, AVENUES AND/OR ALLEYS IN
THE CITY OF LUBBOCK, TEXAS, AND/OR ALONG THE BOUNDARIES OF SAID CITY AND PRO-
VIDING FOR THE COLLECTION OF SUCH ASSESSMENTS AND FOR 1THE ISSUANCE OF ASSIGNABLE
CERTIFICATES IN EVIDENCE THEREOF, ALLOCATING FUNDS. (SEE SECTION DNE OF THIS
ORDINANCE FOR UNITS DELETED BY CITY COUNCIL}. ~
WHEREAS, the City of Lubbock, a Home Rule Municipality, has heretofore
ordered that the hereinbelow mentioned portions of streets, highways, avenues '
and/or alleys be improved by the raising, grading and filling and paving and by
installing concrete curb and gutters and drains where necessary on Sub-Unit Number '
1 of Unit Number 2207, Sub-Unit Numbers 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, •
15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30 of Unit Number
2208, Sub-Unit Number 1 of Unit Number 2209, Sub-Unit Numbers 1, 3, 4 of Unit
Number 2210, Sub-Unit Number 1 of Unit Number 2211, Sub-Unit Numbers 1, 2, 3, 4,
5 of Unit Number 2212, Sub-Unit Number 1 of Unit Number 2213, the paving to be of
five (5) course asphalt surface treatment (inverted penetration type) on a six ··.
(6) and nine (9) inch compacted cal iche base or more, together with the necessarf . '
incidentals and appurtenances, all as provided in the specifications prepared byi~
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 Kerr
Construction Company, said portions being as follows, to-wit:
Geneva Avenue from its intersection with a line 8.00 feet South of the South
Property Line of 2nd Place to its intersection with the North Property Line of
2nd Street, known and designated as Sub-Unit Number 1 of Unit Number 2207.
East Stanford street from its intersection with a line 40.00 feet West of the
East Property Line of North Ash Avenue to its intersection with a line 13.00
feet East of the East Property Line of North Cedar Avenue, known and designated
as Sub-Unit Number 1 of Unit Number 2208.
East Stanford street from ,its intersection with a line 13.00 feet East of the
East Property Line of North Cedar Avenue to its intersection with a line 13.00
feet East of the East Property Line of North Elm Avenue, known and designated as
Sub-Unit Number 2~of.Unit Number 2208.
East Stanford street from its intersection with a line 13.00 feet East of the East
Property Line of North Elm Avenue to its intersection with a line 13.00 feet East
of the East Property Line of North Globe Avenue, known and designated as Sub-Unit
Number 3 of Unit Number 2208.
East Stanford street from its intersection with a line 13.00 feet East of the
East Property Line of North Globe Avenue to its intersection with a line 13.00 fee
East of the East Property Line of North Ivory Avenue, known and designated as Sub-
Unit Number 4 of Unit Number 2208.
East Stanford street from its intersection with a line 13.00 feet East of the East
Property Line of North Ivory Avenue to its intersection with a line 13.00 feet
East of the East Property Line of North King Avenue, known and designated as Sub-
Unit Number 5 of Unit Number 2208.
East Stanford street from its intersection with a line 13.00 feet East of the
East Property Line of North King Avenue to its intersection with a line 13.00 feet
East of the East Property Line of North Magnolia Avenue, known and designated as
Sub-Unit Number 6 of Unit Number 2208.
East Stanford street from its intersection with a line 13.00 feet East of the
East Property Line of North Magnolia Avenue to its intersection with a line 13.00
feet East of the East Property Line of North Oak Avenue, known and designated as
Sub-Unit Nwnber 7 of Unit Number 2208.
East Stanford street from its intersection with a line 13.00 feet East of the East
Property Line of North Oak Avenue to its intersection with a line 8.00 feet East
of the West Property Line of North Quirt Avenue, known and designated as Sub-Unit
Number 8 of Unit Number 2208.
46th Street from its intersection with a line 13.00 feet West of the West Property
Line of Avenue D to its intersection with a line 9.00 feet West of the West
Property Line of Avenue A, known and designated as Sub-Unit Number 9 of Unit
Number 2208. -
48th Street from its intersection with a line 3.00 feet East of the East Property
Line of Avenue D to its intersection with a line 7.00 feet West of the East
Property Line of Avenue C, known and designated as Sub-Unit Number 10 of
Unit Number 2208.
80th Street from its intersection with a line 5.00 feet West of the West Property
Line of the alley West of Avenue F to its intersection with a line 13.00 feet
East of the East Property Line of Avenue F, known and designated as Sub-Unit
Number 11 of Unit Number 2208.
80th Street from its intersection with a line 13.00 feet East of the East Property f\
Line of Avenue F to its intersection with a line 13.00 feet East of the East
Property Line of Avenue D, known and designated as Sub-Unit Number 12 of Unit
Number 2208.
80th Street from its intersection with a line 13.00 feet East of the East Property
Line of Avenue D to its intersection with a line 13.00 feet East of the East
Property Line of Avenue B, known and designated as Sub-Unit Number 13 of Unit
Number 2208.
61st Street from its intersection with a line 15.00 feet East of the East Property
Line of Hartford Avenue to its intersection with a line 50.00 feet East of the
West Property Line of Geneva Avenue, known and designated as Sub-Unit Number 15 of
Unit Number 2208.
Geneva Avenue from its intersection with a line 15.00 feet North of the North
Property Line of 62nd Street to its intersection with a line 15.00 feet South of
,!; '
the South Property Line of 61st Street, known and designated as Sub-Unit
Number 16 of Unit Number 2208. ··t:. 5./'. •
22nd Street from its intersection with a line 13,00 feet East of the East Property
Line of Kewanee Avenue to its intersection with a line 3.00 feet East of the East
Property Line of Juneau Avenue, known and designated as Sub-Unit Number 17 of
Unit Number 2208.
22nd Street from its intersection with a line 3.00 feet West of the West Property
Line of LaSalle Avenue to its intersection with a line 13,00 feet West of the West
Property Line of Kewanee Avenue, known and designated a~ Sub-Unit Number 18 of
Unit Ntm1ber 2208,
LaSalle Avenue from its intersection with a line 8.00 feet South of the South
Property Line of 21st Street (East Leg) to its intersection with a line 9.00 feet
South of the North Property Line of 22nd Street, known and designated as Sub-Unit
Number 19 of Unit Number 2208.
LaSalle Avenue from its intersection with a line 18.00 feet South of the South
Property Line of 20th Street (East Leg) to its intersection with a line 8.00 feet
South of the South Property Line of 21st Street, known and designated as Sub-Unit
Number 20 of Unit Number 2208.
20th Street from its intersection with a line 3.00 feet West of the West Property
Line of Kewanee Avenue to its intersection with a line 13.00 feet East of the
East Property Line of LaSalle Avenue, known and designated as Sub-Unit Number 21
of Unit Number 2208.
Peoria Avenue from its intersection with a line 3.00 feet South of the South
Property Line of the alley North of 16th Street to its intersection with a line
8.00 feet North of the North Property Line of 16th Street, known and designated
as Sub-Unit Number 22 of Unit Number 2208.
7th Street from its intersection with a line 3.00 feet East of the East Property
Line of Vicksburg Avenue to its intersection with a line 9.00 feet West of the
East Property Line of Toledo Avenue, known and designated as Sub-Unit Number 23
of Unit Number 2208.
East 47th Street from its intersection with a line 12.00 feet East of the East
Property Line of Quirt Avenue (South Side) to its intersection with a line 8,00
feet East of the East Property Line of Teak Avenue, known and designated as
Sub-Unit Number 24 of Unit Number 2208.
East 47th Street from its intersection with a line 8.00 feet East of the East
Property Line of Teak Avenue to its intersection with a line 8.00 feet East of
Ute Avenue, known and designated as Sub-Unit Number 25 of Unit Number 2208.
Avenue S from its intersection with a line 12.00 feet North of the South Property
Line of 42nd Street to its intersection with a line 12.00 feet South of the North
Property Line of 43rd Street, known and designated as Sub-Unit Number 26 of Unit '.
Number 2208.
Avenue S from its intersection with a line 12.00 feet North of the South Property
Line of 44th Street to its intersection with a line 3.00 feet North of the North
Property Line of 45th Street, known and designated as Sub-Unit Number 27 of
Unit Number 2208.
Avenue W from its intersection wi t h the South Lip Line of Loop 289 to its
intersection with a line 103.55 feet South of the South Property Line of Loop 289,
known and designated as Sub-Unit Number 28 of Unit Number 2208.
Avenue W from its intersection with a line 3.00 feet South of the South Property
Line of the alley North of 74th Street to its intersection with a line 100.00
feet South of the South Property Line of 74th Street, known and designated as
Sub-Unit Number 29 of Unit Number 2208.
Cypress Road from its intersection with a line 63.28 fe~t South of the South Curb
Line of Bradley Street (East Leg) to its intersection with a line 61.68 feet
South of the South Lot Line of Lot 7, Block 1, Oldharn1 s Mesa Addition, known and
designated as Sub-Unit Number 30 of Unit Number 2208.
23rd Street from its intersection with the West Property Line of Avenue G to its
intersection with the East Property Line of Avenue F, known and designated as
Sub-Unit Number 1 of Unit Number 2209.
58th Street from its intersection with the East Lip Line of Avenue Q South Drive
to its intersection with the West Property Line of Avenue H (Less the existing
pavement on the North 1/2 of 58th Street adjacent to the Drive In Subdivision)
known and designated as Sub-Unit Number 1 of Unit Number 2210.
66th Street from its intersection with a line 15.50 feet West of the West Property
Line of Salem Avenue (South Leg) to its intersection with a line 16.00 feet West
of the West Property Line of Quaker Avenue, known and designated as Suh-Unit
Number 3 of Unit Number 2210.
66th Street from its intersection with a line 13.00 feet West of the West Property
Line of Toledo Avenue to its intersection with a line 15.50 feet West of the
West Property Line of Salem Avenue (South Leg), known and designated as Sub-Unit
Number 4 of Unit Number 2210.
Elm Avenue from its intersection with a line 16.00 feet South of the South Curb
Line of Broadway to its intersection with a line 15.00 feet North of the North
Property Line of East 14th Street, known and designated as Sub-Unit Number 1 of
Unit Number 2211.
East 14th Street from its intersection with a line 16.50 feet East of the East
Property Line of Date Avenue to its intersection with a line 400.00 feet East of
the East Property Line of Elm Avenue, known and designated as Sub-Unit Number 1
of Unit Number 2212.
Ivory Avenue from its intersection with a line 12.48 feet South of the South
Property Line of East 50th Street (East Leg) to its intersection with a line
11.00 feet South of the South Property Line of East 52nd Street (East Leg), known
and designated as Sub-Unit Number 2 of Unit Number 2212.
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East 52nd Street from its intersection with a line 13.50 feet West of the East
Property Line of Ivory Avenue to its intersection with a line 11.00 feet West of
the West Property Line of King Avenue, known and designated as Sub-Unit Number 3
of Unit Number 2212.
North Avenue T from its intersection with a line 14.00 feet South of the North
Property Line of Harvard Street to its intersection with the 1/2 Section Line of
Marshall Street, known and designated as Sub-Unit Nrnnber 4 of Unit Number 2212.
Harvard Street from its intersection with the East Property Line of North Avenue U
to its intersection with a line 11.00 feet East of the East Property Line of
North Avenue T (North Leg), known and designated as Sub-Unit Number 5 of Unit
Number 2212.
Indiana Avenue from its intersection with a line 5.00 feet South of the South
Property Line of 62nd Street to its intersection with the North Property Line of
66th Street (East Leg), known and designated as Sub-Unit Number 1 of Unit Number
2213.
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WHEREAS, the City Engineer prepared rolls or statements for the improve-
ments 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 Council and approved, and a time and place r,
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 -
including notices mailed to each known property owner to be assessed addressed ~
to his last known address as shown on the current City of Lubbock tax rolls, and ~
such hearing was had and held at the time and place fixed therefor, to-wit: on th
10th day of June 1970, at 1:00 o'clock P.M. in the Council Room in the City of ...,
Lubbock, Texas, and at such hearing all desiring to be heard were fully and fairly Ci
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 2208
W. D. Birdsong appeared opposing the proposed paving improvements on East Stanford
Street and presented a petition signed by other persons opposing said proposed
paving improvements. (On file with the City of Lubbock).
Sub-Unit 2 of Unit 2208
Luis Garcia appeared opposing the proposed paving improvements on East Stanford
Street.
Emory V. Potts appeared at the City Engineer's Office on behalf of Mrs. J. A.
Rowell opposing the proposed paving improvements.
Sub-Unit 3 of Unit 2208
Harold D. Stovall appeared opposing the proposed paving improvements on East
Stanford Street.
Sub-Unit 4 of Unit 2208
Mrs. Orville B. McElroy appeared opposing the proposed paving improvements on
East Stanford Street.
Tom Mayo indicated by telephone that he was opposed to the proposed paving
improvements.
Sub-Unit 5 of Unit 2208
Mrs. Alice Merrill, Paul Hartman and Mrs. Jack D. Parker indicated by teleph0ne
that they were opposed to the proposed paving improvements on East Stanford·
Street.
Sub-Unit 7 of Unit 2208 ,.... . .. ,;
Hugh Newton indicated by telephone that he was opposed to the proposed pav~ng
improvements on East Stanford Street. ~ ',·
Sub-Unit 8 of Unit 2208 :
R.H. Burleson and Vera Doss appeared opposing the proposed paving improvements
on East Stanford Street.
Sub-Unit 9 of Unit 2208
Mae A. Puryear and T. C. Scott appeared opposing the proposed paving improvements
on 46th Street.
Sub-Unit 10 of Unit 2208
Albert B. Perez and C. S. Trammel appeared at the office of the City Engineer
opposing the proposed paving improvements on 48th Street.
Sub-Unit 11 of Unit 2208
John N. Denman indicated by telephone that he was opposed to the proposed paving
improvements on 80th Street.
Sub-Unit 17 of Unit 2208
Mackey V. Payton and C. D. Bass appeared opposing the proposed paving improvements
on 22nd Street.
Sub-Unit 18 of Unit 2208
Carlos Hoppe, J.M. Keith, Jr. and Frank Poindexter appeared opposing the
proposed paving improvements on 22nd Street.
J. R. Hall, new owner of the Jerry R. Church property, appeared opposing the
proposed paving improvements.
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Mrs. Lloyd Jordan indicated by telephone that she was opposed to the proposed
paving improvements. -
Sub-Unit 19 of Unit 2208
J. R. Hall, new owner of the Jerry R. Church property, appeared opposing the
proposed paving improvements on LaSalle Avenue.
W. 0. Bearden indicated by telephone that he was opposed to the proposed paving
improvements.
Sub-Unit 20 of Unit 2208 ·
Harold Glasscock appeared opposing the proposed paving improvements on LaSalle
Avenue.
W. o. Bearden indicated by telephone that he was opposed to the proposed paving
improvements.
Sub-Unit 21 of Unit 2208
James F. Holiday indicated by certified letter that he was opposed to the propose
paving improvements on 20th Street.
Sub-Unit 23 of Unit 2208
H.P. Spencer appeared opposing the proposed paving improvements on 7th Street.
W. B. Cole indicated by telephone that he was opposed to the proposed paving
improvements.
Glenn Jackson and B. B. Williams indicated by mail that they were opposed to the
proposed paving improvements.
Sub-Unit 24 of Unit 2208
Zack L. Stevens, C. A. Barnes and L.B. Boling ~ppear~4 opposing the proposed
paving improvements on East 47th Street.
Tom Jones, new owner of the Harold Chapman property, appeared opposing the
proposed paving improvements.
Sub-Unit 26 of Unit 2208
Ronald Edwards, new owner of the Jewell Hendricks property, appeared opposing the
proposed paving improvements on Avenue Son behalf of himself, E. E. Hyatt, O. A.
Dunn, and Charles Dewayne Shue.
Sub-Unit 30 of Unit 2208
D. D. Mahon appeared opposing the proposed paving improvements on Cypress Road.
Sub-Unit 1 of Unit 2209
Bo Brown, attorney, appeared on behalf of the Burlington Northern Railway Company,
opposing the proposed paving improvements on 23rd Street.
Gene Cade, engineering representative, appeared on behalf of the Burlington
Northern Railway Company, opposing the proposed paving improvements due to
additional cost of construction involved with lowering railroad tracks.
Sub-Unit 1 of Unit 2210
Rolan Simpson indicated by telephone that he was opposed to the proposed paving
improvements on 58th Street.
Mr. McMaster appeared at the office of the City Engineer opposing the proposed
paving.
Sub-Unit 4 of Unit 2210
G. W. Jones and A. L. 0 1 Neal appeared opposing the proposed paving improvements
on 66th Street.
Sub-Unit 1 of Unit 2211
W. H. White appeared opposing the proposed paving improvements on Elm Avenue.
Bob Holmes, representing Margaret V. Holmes Estate, indicated by telephone that
he was opposed to the proposed paving improvements.
Sub-Unit 1 of Unit 2212
J. L. Coleman, representing TOC Inc., M. C. Dowell, representing Lubbock Dodge,
Inc., and Walter E. Granberry, appeared opposing the proposed paving improvements
on East 14th Street.
Sub-Unit 2 of Unit 2212
Bo Brown, attorney, appeared in behalf of The Burlington Northern Railway Company,,
opposing the proposed paving improvements on Ivory Avenue.
Emma Moore indicated by telephone that she was opposed to the proposed paving
improvements.
Jack Foster appeared opposing the proposed paving improvements.
Sub-Unit 3 of Unit 2212
Raymond Gudgeon, new owner of the Clyde and Dorothy Borum property, and T. J.
Coffman, appeared opposing the proposed paving improvements on East 52nd Street.
Sub-Unit 4 of Unit 2212
D. Randolph, representing Josh Randolph Estate, appeared opposing the proposed
paving improvements on North Avenue T.
Sub-Unit 5 of Unit 2212
L. O. Crowder appeared opposing the proposed paving impr~vements on Harvard Street
Sub-Unit 1 of Unit 2213
Dr. Hubert Cone indicated by telephone that he was opposed to the proposed paving
improvements on Indiana Avenue.
J ..._...
And all objections and protests made were fully considered and the City
Council 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 consideration, and having fully considered all of the evidence, and all
pertinent and proper matters is of opinion that the following disposition should
be made of such protests and objections, and that assessments should be made as
herein ordained, THEREFORE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
I.
That all protests and objections, whether herein' specifically mentioned
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 paving Sub-Units 1, 2, 3, 4, S, 6, 7, 8, 10, 17, 18, 19, 20, 24, 25
26, 30 of Unit 2208, Sub-Units 3, 4 of Unit 2210, Sub-Units 2, 3, 4, 5 of Unit
2212, were erroneously included in the public Notice and in the contemplated
ordinance and in other proceedings; therefore NO ASSESSMENT shall be made against
the property included in said Sub-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 Council, 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 streets, highways, avenues and/or alleys and
against the owners of such property, and that such assessments are right and
proper and established substantial justice and equality and uniformity between
the respective owners and respective properties, and between all parties concerned
considering benefits received and burdens imposed, and further finds that in each
case the abutting property assessed is specifically benefitted in the enhanced
value thereof, by means of the improvement in the Sub-Unit upon which the particu-
lar 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 proceed-
ings heretofore taken and had with reference to such improvements and is in all
respects valid and regular.
II-A.
The City Council, 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 tails 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 con-
stitute a lien superior to any other lien or claim except State, County and
Municipal Taxes •
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III.
That there shall be and is hereby levied and assessed against the parcels
of property and railroads crossing or occupying streets, highways, avenues
and/or alleys, hereinbelow mentioned and against the real and true owners thereof,
whether such owners be listed correctly herein or not, the sums of money below-
mentioned and itemized shown opposite the description of the respective parcels of
property and railroads crossing or occupying streets, highways, avenues and/@r
alleys; the description of such property and railroads, 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 a Sub-Unit along the boundary of the City.
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 improve-
ments 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 there-
for, 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
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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 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 twenty (20)
days after the completion and acceptance by the City of the improvements in the
Sub-Unit upon which the particular property abuts; the second installment due
on or before one year from said date of completion and acceptance, and the third
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 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-Uni
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 Kerr Construction Company, or its assigns, be and
become immediately due and payable, and shall be collectible with reasonable
attorney1 s fees and costs of collection if incurred.
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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
Kerr Construction Company, 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 shall be enforced
either by sale of the property by the Tax Collector and Assessor of the City of
Lubbock as near as possible in the manner provided for the sale of property for
the non-payment of ad valorem taxes, or at the option of Kerr Construction
Company, or its 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 work 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 Kerr Construction Company, or its assigns, and shall declare the said
amounts and the time and terms of payment and rate of interest and date of
completion and acceptance of the improvements for which the certificate is issued,_
and shall contain the name of the owner as accurately as possible, and the
description of the property by lot and block number, or front feet thereof, or
such other description as may otherwise 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 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 provtde substantially that if
default shall be made in the payment of any installment of principal or interest
due, when, then, at the option of Kerr Construction Company, or its assigns,
the whole of the said assessment evidenced thereby shall at once become due
and payable, and shall be collectible with reasonable attorney1 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 Lubbock, as above recited, or by
suit in any court having jurisdiction.
The said certificates shall further recite in effect that all proceedings
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 pre-
requisites to the fixing of the lien and claim of personal liability evidenced
by such certificates have been regularly done and performed> which recitals shall
be evidence of the matters and facts so recited, and no further proof thereof
shall be required in any court.
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v01.f 237 PAGE· 11 2
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.
I
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 improvements
in each Unit, the benefits by means of the improvements, and all other matters
and things wit~ .reference to the improvements in each Unit, have been considered,
and_ '•def~-~~d.tted · a·l \:og\hher 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 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 propert,
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.
,,..·.
VOL '.!. tJ { PAGE 1 .
Passed and approved by unanimous vote of the City Council this the
10th day of June, 1970.
Passed and approved by unanimous vote of the City Council this the
11th day of June, 1970.
Passed and approved by unanimous vote of the City Council this the
2-5th day of Jun~ , 19za
ATTESTG ,
~t &:~0 Lavenia Lowe, City ~ary
0Ull I
l UD
0
·$ " ~ \'i'
AN ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR A PART OF GENEVA AVENUE
EAST STANFORD STREET, 46TH STREET, 48TH STREET. 80TH STREET, 61ST STREET, 22ND STREET,
LASALLE AVENUE, 20TH STREET, PEORIA AVENUE, 7TH STREET. EAST 47TH STREET, AVENUE S1
AVENUE W, CYPRESS ROAD, 23RD STREET, 58TH STREET, 66TH STREET. ELM AVENUE. EAST 14TH
STREET, IVORY AVENUE, EAST 52ND STREET, NORTH AVENUE T1 HARVARD STREET. AND INDIANA
AVENUE, SUCH PORTIONS BEING MORE PARTICULARLY DESCRIBED IN THE PAVING ASSESSMENTS OF
THE CITY OF LUBBOCK ATTACHEDIERETO AND MADE A PART HEREOF AND PORTIONS OF OTHER SUNDRY
STREETS, HIGHWAYS, AVENUES AND/OR ALLEYS IN THE CITY OF LUBBOCK. TEXAS. AND/OR ALONG
THE BOUNDARIES OF SAID CITY AND PROVIDING FOR THE COLLECTION OF SUCH ASSESSMENTS AND
FOR THE ISSUANCE OF ASSIGNABLE CERTIFICATES IN EVIDENCE THEREOF3 ALLOCATING FUNDS.
I, Lavenia Lowe, City Secretary•Treasurer, City of Lubbock, Texas hereby
certi~y that the above and foregoing is a true and correct copy of ________ _
ORDINANCE NO. 5901
Passed by the City Council ___ J~u;;.;n_e;;...,;2_5~,...,;;1_9~7-0 __________________ _
and of record in __ _;M;,;1.;.;· n;,;;,;u;;.;t;;.;e;....;;B;.;;;o..;;;o.;;,;k....;;.2~9~, ..;P;.,;a;.ig,:.;e;;...;;2;.;;;1;.;.7 __________________ _
THIS ____ 7_th _______ DAY OF _____ J_u_ly'-------------• 19 ____ 70 ___ _
LaveTato:e7 CitySecretary•Treasurer ~
Clty cf Lubbock. Texas ,.....
N-W -.I