HomeMy WebLinkAboutOrdinance - 6812-1974 - G.W.O. 10,836-Levying Assessment For Street Improvements - 01/14/1974-J
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Return to percy 0. Soren Paving Dept. City Hall
6 773
G.w.o. 10,836
ORDINANCE NO. 6812
AN ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR PART OF THE
COST OF IMPROVING A PORTION OF THE EAST~EST AND NORTH-S~M ALLEYS LOCATED
IN THE FOLLOWING BLOCKS AND ADDITIONS: THE EAST~EST ALLEY IN BLOCKlO,
ELLWOOD PLACE, THE NORTHWEST-SOUTHEAST ALLEY ABUTTING LOTS 116 THRU 127
MELONIE PARK ADDITION, THE EAST-wEST ALLEY IN BLOCK 5, UNIVERSITY PLACE
DDITION AND IN BLOCK 5, TECH TERRACE ADDITION, TiiE NORTHEAST-SOUTHWEST ALLEY
BUTTING LOTS 517 THRU 542, BROADMOOR ADDITION, THE EAST-WEST ALLEY IN BLOCK
6, UNIVERSITY PLACE ADDITION, THE NORTH-SOUTH ALLEY ABUTTING TRACT C, BLOCKS
15, 16, 18 AND 19, MODERN AANORS ADD I Tl ON, THE NORTH-SOUTH ALLEY ABU TTl NG TRACT
B, BLOCKS 17 AND 20, MODERN MANORS ADDITION, THE EAST~EST ALLEY IN BLOCKS 7
NO 11, MODERN MANORS ADDITION, THE EAST~EST ALLEY IN BLOCKS 8 AND 12, MODERN
MANORS ADDITION, THE NORTH-SOUTH AND EAST..WEST ALLEYS IN BLOCKS 1, 2, 3, 4, 5, 1 nd 6, MODERN AANORS ADDITION, THE EAST..WESTALLEY ABUTTING LOTS 1, 2, 4, 5, 6,
7, 8, AND 9, DEAN ADDITION AND BLOCK 9, MODERN MANORS ADDITION, THE EAST-wEST
LLEY IN BLOCK 14, MODERN MANORS ADDITION, THE NORTH-SOUTH ALLEY IN BLOCKS 9
NO 10, MODERN MANORS ADDITION, THE EAST~EST ALLEY { IN BLOCK 13, MODERN MANORS )
DDITION, THE EAST-wEST ALLEY ABUTTING LOTS 10 THRU 13, DEAN ADDITION AND BLOC
10, MODERN-MANORS ADDITION AND INCLUDING A PORTION OF THE FOLLOWING STREE.TS:
43RD STREET, DOVER AVENUE, EAST BROADWAY,. EAST 13TH STREET, EAST 15TH PLACE,.
ENGLEWOOD AVENUE~ AVENUE D AND 27TH STREET, 2ND PLACE 1 THE EASTt 1/2 OF ELGIN
VENUE, FRANKFORD AVENUE, THE EAST 1/2 OF FRANKFORD AVE~E, EAST 52ND STREET,
LOCUST AVENUE, UNIVERSITY AVENUE, THE WEST 1/2 OF SLIDE ROAD, SUCH PORTIONS
BE ING MORE PARTICULARLY DESCRIBED IN TI-lE PAVING ASSESSMENTS OF THE CITY {IF
LUBBOCK ATTACHED HERETO AND MADE A PART HEREOF AND PORTIONS OF OTHER SUNDRY
STREETS, HIGHWAYS, AVENUES AND/or ALLEYS IN THE CITY1 OF LUBBOCK, TEXAS, AND/OR
LONG THE BOUNDARIES OF SAID CITY AND PROVIDING FOR THE COLLECTION OF SUCH
SSESSMENTS AND FOR THE ISSUANCE OF ASSIGNABLE CERTIFICATES IN EVIDENCE THEREO ,
LLOCATING FUNDS. (SEE SECTION ONE OF THIS ORDINANCE FOR UNITS DELETED BY CITY
COUNCIL.)
WHEREAS, the City of Lubbock, a Home Rule Municipality, has heretofore
ordered that the herein below mentioned portions of alleys, streets, avenues
and/or highways be improved by the raising, grading and filling and paving and
by installing concrete curbs and gutters and drains where necessary on sub-uni
Numbers 1,2,3,4,5,6,7,8,9,10,11,12,13,14,15 of Unit Number A-458, the paving of ~~~
alleys to be of reinforced concrete slab, a minimum of five (5 11 ) inches in
thickness and a minimum of ten (10') feet wide together with the necessary in-
cidentals and appurtenances all as provided in the specifications prepared by
the City Engineer, now on file with said city; and that the hereinbelow mentio d
portions of streets and/or avenues be improved by the raising, grading and filling
and paving and by installing concrete curbs and gutters and drains where neces
sary on sub-unit Numbers 10,11,12,13,14,15,16,18 of Unit Number 2229, sub-unit
Numbers 1,2 of Unit Number 2230, sub-unit Numbers 1,2,3 of Unit Number 2231,
sub-unit Numbers 1,2 of Unit Number 2232, sub-unit Numbers I ,2 of Unit Number
2233, the paving of streets to be of goadruple asphalt surface treatment
(inverted penetration type) on a six (6) and nine (9) compacted caliche base
4. VOL1382 ~ACE 1
. . ' f VOLl ;J~2 PAGE 2
1of asphaltic concrete and a 150 pounds per square yardron a 900 pounds per square yard asphaltic
stabilized base or more together with the necessary incidentals and appurtenan es
all as provided in the specifications prepared by the City Engineer, now on
file with said city; and contractual arrangements for the makiqg and construc -
tion of such improvements will be consumated by the City of Lubbock.
Said portions of alleys, streets, avenues and/or highways being as follow ,
to-wit:
Block 10, Ellwood Place Addition to the City of Lubbock, Texas, Lubbock County
Texas, abutting the East-West alley between 20th Street and 21st Street and fr m
its intersection with the East Lip Line of Canton Avenue to its intersection
with the West Lip Line of Boston Avenue, known anddesignated as Sub-unit Numbe
1 of Unit Number A-458.
Lots 116,117,118,119,120,121,122,123,124,125,126 and 127, Melonie Park Additio
to the City of Lubbock, Texas, Lubbock County, Texas, abutting the Northwest-
Southeast alley between Kenosha Drive and Knoxville Drive and from its inter-
section with the paving edge of alley south of 6lst Street to its intersection
with the North property line of 62nd Drive, known and designated as Sub-unit
Number 2 of Unit Number A-458.
Block 5, University Place and Block 5, Tech Terrace Additions to the City of
Lubbock, Texas, Lubbock County, Texas, abutting the East-West alley between
22nd Street and 23rd Street and from its intersection with the East Lip Line
of Gary Avenue to its intersection with the West Lip Line of Flint Avenue,
known and designated as Sub-unit Number 3 of Unit Number A-458.
Lots 517,518,519,520,521,522,523,524,525,526,527,528,529,530,531,532,533,534,
535,536,537,538,539,540,541 and 542, Broadmoor Addition to the City of Lubbock
Texas, Lubbock County, Texas, abutting the Northeast-Southwest alley between
62nd Drive and 63rd Drive and from its intersection with the West property lin
of Memphis Avenue to its intersection with the East property line of Oxford
Drive, known and designated as Sub-unit Number 4 of Unit Number A-458.
Block 6, University Place Addition to the City of Lubbock, Texas, Lubbock
County, Texas, abutting the East-West alley between 21st Stree t and 22nd
Street and from its intersection with the West Lip Line of Flint Avenue to
its intersection with the East Lip Line of Gary Avenue, known and designated
as Sub-Unit Number 5 of Unit Number A-458.
Blocks 15,16, 18 and 19, and Tract c, Modern Manors Addition to the City of
Lubbock, Texas, Lubbock County, Texas, abutting the North-South alley between
Boston Avenue and Belton Avenue and from its intersection with a line 265.00
feet North of the North Property Line of 50th Street to its intersection with
the West Lip Line of Boston Avenue, known and designated as Sub-unit Number
6 of Unit Number A-458.
Blocks 17 and 20, and Tract B, Modern Manors Addition to the City of Lubbock,
Lubbock County, Texas, abutting the North-South alley between Belton Avenue
and canton Avenue and from its intersection with a line 225.00 feet North of
the North Property Line of 50th Street to its intersection with the East Lip
• • .. u;: -:•.'
Line of Canton Avenue, known and designated as Sub-unit Number 7 of Unit
Number A-458.
Blocks 7 and 11, Modern Manors Addition to the City of Lubbock, Texas, Lubbock
County, Texas, abutting the East-West alley between 44th Street and 46th
Street and from its intersection with the East Property Line of Canton Avenue
to its intersection with the West Property Line of Boston Avenue, known and
designated as Sub-unit Number 8 of Unit Number A-458.
Blocks 8 and 12, Modern Manors Addition to the City of Lubbock, Texas, Lubbock
County, Texas, abutting the East-West alley between 44th Street and 46th
Street and from its intersection with the East Property Line of Detroit Avenue
to its intersection with the West Property Line of Canton Avenue, known and
designated as Sub-unit Number 9 of Unit Number A-458.
Blocks 1,2,3,4,5 and 6, Modern Manors Addition to the City of Lubbock, Texas,
Lubbock County, Texas, abutting the North-South and East-West alley between
Boston Avenue and Canton Avenue and from its intersection with the West Pro-
perty Line of Boston Avenue to its intersection with the South Property Line
of 42nd Street, known and designated as Sub-unit Number 10 of Unit Number A-45 •
Lots 1,2,4,5,6,7,8 and 9, Dean Addition, Block 9, Mode rn Manors Addition to
the City of Lubbock, Texas, Lubbock County, Texas, abutting the East-West
alley between 42nd Street and 43rd Street and from i ts intersection with the
East Lip Line of Elgin Avenue to its intersection with the West Property Line
of Canton Avenue, known and designated as Sub-unit Numbe r 11 of Unit Number
A-458.
Block 14, Modern Manors Addition to the City of Lubbock, Texas, Lubbock County
Texas, abutting the East-West alley between 46th Street and 48th Street and
from its intersection with the East Lip Line of Detroit Avenue to its inter-
section with a line 139.00 feet East of the East Property Line of Detroit
Avenue, known and designated as Sub-unit Number 12 of Unit Number A-458.
Blocks 9 and 10, Modern Manors Addition to the City of Lubbock, Texas, Lubbock
County, Texas, abutting the North-South alley between Canton Avenue and Elgin
Avenue and from its intersection with the North Lip Line of 45th Street to its
intersection with a line 214.80 feet North of the North Property Line of 45th
Street, known and designated as Sub-unit Number 13 of Unit Number A-458.
Block 13, Modern Manors Addition to the City of Lubbock, Texas, Lubbock County
Texas, abutting the East-West alley between 45th Street and 48th Street and
from its intersection with the East Property Line of Elgin Avenue to its
intersection with a line 306.60 feet Southeast of the East Property Line of
Elgin Avenue, known and designated as Sub-unit Number 14 of Unit Number A-458.
Lots 10,11,12, and 13, Dean Addition and Block 10, Modern Manors Addition to
the City of Lubbock, Texas, Lubbock County, Texas, abutting the East-West
alley between 43rd Street and 45th Street and from its intersection with the
East Lip Line of Elgin Avenue to its irtersection with a line 300.00 feet East
of the East Property Line of Elgin Avenue, known and designated as Sub-unit
Number 15 of Unit Number A-458.
iYOL1382 PAC£ 3
i VOL 1 ~~~ PAGE
The description of property abutting the abovementioned alleys as des-
cribed within this ordinance covers all property to be assessed and resolves
and takes precedence to more general descriptions found in preceding resolu-
tions.
43rd Street from its intersection with a line 6.00 feet West of the West Pro-
perty Line of Chicago Avenue to its intersection with a line 9.00 feet West
of the East Property Line of Dover Avenue, known and designated as Sub-Unit
Number 10 of Unit Number 2229.
Dover Avenue from its intersection with a line 79.05 feet North of the North
Property Line of 43rd Street to its intersection with a line 8.00 feet North
of the North Property Line of 44th Street (East Leg), known and designated as
Sub-Unit Number 11 of Unit Number 2229.
East Broadway from its intersection with a line 6.00 feet East of the East
Property Line of Holly Avenue (North Leg) to its intersection with a line
13.00 feet East of the East Property Line of June Avenue, known and designated
as Sub-Unit Number 12 of Unit Number 2229.
East 13th Street from its intersection with a line 12.00 feet East of the West
Property Line of Guava Avenue to its intersection with a line 13.00 feet East
of the East Property Line of June Avenue, known and designated as Sub-Unit
Number 13 of Unit Numbe~ 2229.
East 15th Place from its intersection with a line 48.00 feet West of the East
Property Line of Guava Avenue to its intersection with a line 13.00 feet East
of the East Property Line of June AvenueJ known and designated as Sub-Unit
Number 14 of Unit Number 2229.
Englewood Avenue from its intersection with a line 13.00 feet South of the
South Property Line of 46th Street to its intersection with a line 15.00 feet
South of the South Property Line of 47th Street, known and designated as
Sub-Unit Number 15 of Unit Number 2229.
Avenue D and 27th Street from its intersection with a line 15.00 feet North
of the North Property Line of 29th Street to its intersection with the East
Property Line ~f Lot 1, Block 6, MOrning Side Addition, known and designated
as Sub-Unit Number 16 of Unit Number 2229.
2nd Place from its intersection with a line 10.00 feet East of the West
Property Line of Geneva Avenue to its intersection with a line 400.00 feet
East of Geneva Avenue, known and designated as Sub-Unit Number 18 of Unit
Number 222 9.
East 1/2 of Elgin Avenue from its intersection with a line 16.00 feet North
of the North Property Line o£76th Street to its intersection with a line 10.00
feet North of the Section Line in 82nd Street, known and designated as Sub-
Unit Number 2 of Unit Number 2230.
•' I
Frankford Avenue from its intersection with the South Lip Line of 34th Street
to its intersection with a line 15.00 feet North of the North Property Line of
36th Street, known and designated as Sub-Unit Number 1 of Unit Number 2231.
East 1/2 of Frankford Avenue from its intersection with the centerline of 50th
Street to its intersection with a line 30.00 feet North of the North Property
Line of 49th Street (West Side), known and designated as Sub-Unit Number 2 of
Unit Number 2231.
Frankford Avenue from its intersection with a line 15.00 feet North of the
North Property Line of 36th Street to its intersection with a line 106.40
feet South of the South Property Line of 41st Street, known and designated
as Sub-Unit Number 3 of Unit Number 2231.
East 52nd Street from its intersection with a line 29.00 feet West of the
East Property Line of Avenue A to its intersection with the East Property
Line of Birch Avenue, known and de signated as Sub-Unit Number 1 of Unit
Number 2232.
Locust Avenue from its intersection with the South Lip Line of 34th Street
to its intersection with a line 18.00 feet South of the South Property Line
of 36th Street (West Leg), known and designated as Sub-Unit Number 2 of Unit
Number 2232.
University Avenue from its intersection with a line 96.00 feet South of the
Section Line in 82nd Street to its intersection with a line 164.00 feet North
of the North Property Line of 76th Street (West Leg), known and designated as
Sub-Unit Number 1 of Unit Number 2233.
West 1/2 of Slide Road from its intersection with a line 177.00 feet North of
the North Property Line of 54th Street to its intersection with a line 736.00
feet North of the North Property Line of 54th Street, known and designated as
Sub-Unit Number 2 of Unit Number 2233.
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 matter
and things; and the same were examined by the City Council and approved, 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 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 ha~'and held at the time and
place fixed therefore, to-wit: on the 24th day of January, 1974, at 2:00
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 heard, and evidence
was received and considered and all protests and objections made were con-
sidered, 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 pro-
ceedings of the City with reference to such matters, and the following pro-
tests were made concerning the improvements in the units indicated namely:
f Vot1382 PAGE 5
l VoL1382 PAGE fj
Sub-Unit 4 of Unit A-458
Claude w. Froust indicated by telephone that he was opposed to proposed
alley paving improvements.
Leo N. Parks a~peared opposing the proposed alley paving improvements.
Murry w. Coulter indicated by telephone that he was opposed to the pro-
posed alley paving improvements.
Robert H. Murphy appeared opposing the proppsed alley paving improvements
Felix Gonzales appeared opposing the proposed alley paving improvements.
Warner B. Sims appeared opposing the proposed alley paving improvements.
Sub-Unit 6 of Unit A-458
Charles Galey appeared on behalf of Modern Manors Corp. C opposing the
proposed alley paving improvements.
Sub-Unit 7 of Unit A-458
Charles Galey appeared on behalf of Modern Manors Corp. B opposing the
proposed alley paving improvements.
Sub-Unit 8 of Unit A-458
Charles Galey appeared on behalf of Modern Manors Corp. C opposing the
proposed paving improvements.
Sub·Unit 9 of Unit A-458
Charles Galey appeared on behalf of Modern Manors Corp. B opposing the
proposed alley paving improvements.
Sub-Unit 10 of Unit A-458
Charles Galey appeared on behalf of Modern Manors Corp. A,B and C opposi
the proposed alley paving improvements.
Sub-Unit 11 of Unit A-458
Charles Galey appeared on behalf of Modern Manors Corp. A opposing the
proposed alley paving improvements.
Sub-Unit 12 of Unit A-458
I t.> .~ J f
Sub-Unit 13 of Unit A-458
Charles Galey appeared on behalf of Modern Manors Corp. A opposing the
proposed alley paving improvements.
Sub-Unit 14 of Unit A-458
Charles Galey appeared on behalf of Modern Manors Corp. A opposing the
proposed alley paving improvements.
Sub-Unit 15 of Unit A-458
Charles Galey appeared on behalf of ·Modern Manors Corp. A opposing the
proposed alley paving improvements.
Sub-Unit 10 of Unit 2229, 43rd Street
Frank J. Horne indicated by telephone that he was opposed to the proposed
paving improvements.
Mrs. Alton A. Fitzgerald appeared opposing the proposed paving improve-
ments.
A. P. Massey indicated by:telephone that he wasopposed to the proposed
paving improvements.
Dorathy R. Novak Bray indicated by telephone that she was opposed to the
proposed paving improvements.
Sub-Unit 12 of Unit 2229, East Broadway
Raymond Hogan appeared opposing the proposed paving improvements.
Sub-Unit 13 of Unit 2229, East 13th Street
Harold Chapman on behalf of the J. W. Chapman Estate indicated by mail
that they were opposed to the proposed paving improvements.
Raymond Hogan appeared opposing the proposed paving improvements.
Percy A. WilHams appeared opposing the proposed paving improvements.
Chester Putteet indicated by telephone that he was opposed to the pro-
posed paving improvements.
Sub-Unit 14 of Unit 2229. East 15th Place
Gordon Treadaway appeared on behalf of the A.P. Hodges Estate opposing
the proposed paving improvements. -
Harry c. Sieber appeared opposing the proposed paving improvements.
t Vot1382 fAG£ , 7
t VOLl.t.lOG PAGE 0
Dora Rejino appeared opposing the proposed paving improvements.
Drinkard Smart indicated by telephone that he was opposed to the proposed
paving improvements.
Sub-Unit 15 of Unit 2229, Englewood Avenue
Preston Harrison on behalf of Westmoreland Baptist Church appeared op-
posing the proposed paving improvements.
Sub-Unit 16 of Unit 2229, Avenue D and 27th Street
H. D. Waller appeared opposing the proposed paving improvements.
R. c. Young indicated by telephone that he was opposed to the proposed
paving improvements.
Sub-Unit 18 of Unit 2229, 2nd Place
Phil Demetre appeared on behalf of the First Foursquare Church opposing
the proposed paving improvements.
Sub-Unit 2 of Unit 2230, East 1/2 of Elgin Avenue
Clyde Owens appeared opposing the proposed paving improvement$.
Fred Dahnke appeared opposing the proposed paving improvements.
~~rs. Ellen Will indicated by telephone that she was opposed to the propos d
paving improvements.
Madge P. Garrett indicated by telephone that she was opposed to the pro-
posed paving improvements.
Mrs. K.H. Halter appeared opposing the proposed paving improvements.
Sub-Unit 3 of Unit 2231, Frankford Avenue
Mrs. Evelyn Jones Pope appeared opposing the proposed paving improvements
Charles Clough appeared on behalf of the Lubbock Bible Church opposing
the proposed paving improvements.
Sub-Unit 1 of Unit 2232 2 East 52nd Street
A representative of the Fort Worth and Denver Railway Company appeared
opposing the proposed drainage easement on 52nd Street.
Sub-Unit 2 of Unit 2232, Locust Avenue
Warlick Carr appeared on behalf of Ray Furr and Lubbock Auto Auction
Company opposing the proposed paving improvements.
. ~ ---•
Mrs. walter Butler appeared opposing the proposed paving improvements.
Sub-Unit 1 of Unit 2233, University Avenue
Clyde Owens appeared opposing t he proposed paving improvements.
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 pre-
sented 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.
TaAT 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 alley paving sub-units 6,7,8,9,10,11,12,13,14 and 15 of Unit
A-458, sub-units 10,15,16 and 18 of Unit 2229, Sub-units 2 of Unit 2230 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 d~lete and/or omit the engineer's assessment roll for said Sub-Units con-
sistent 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
-....J
and proper and established substantial justice and equality and uniformity
between the respective owners and respective properties, and between all parti s
concerned, considering benefits received and burdens imposed, and further find
that in each case the abutting property assessed is specifically benefitted
in the enhaneed value thereof, by means of the improvement in the Sub-Unit
upon which the particular property abuts, and0for 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 imppovements and is in all re~pects valid and regular.
t vm.1382 PACE
~ III. ~
~ VOL1382 PA&E 44
That there shall be and is hereby levied and assessed against the parcels
of property 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; the description of such pTop~~ty and several amounts
assessed against same, and the Owners thereof, being as follows: (Rolls in-
serted in Original Copy of Ordinance and in s~parate Ordinance Book. Note a
special description shall be made on the Roll of Sub-Unit along the boundary
of the City.)
I ',
,
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'.
IV.
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 no-
wise affected by any fact in anywise connected with the improvements, or the
assessments therefore, 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 for alley and six (6%) per cent
per annum for streets, 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, whethe
or not such owners be correctly named herein and such liens shall be and con-
stitute the first enforceable claim against the property assessed,and shall
be a first and paramount lien, super~o~ 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 five 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; the
third installment due on or before two years from said date of completion and
acceptance; the fourth installment due on or before three years from said
date of completion and acceptance; and the fifth installment due on or before
four 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 7% per annum for alleys and 6% for streets, 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 payabie 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 prin-
cipal 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 the City of Lubbock, or its assigns, be and become immediately
due and payable, and shall be collectible with reasonable attorney's fees
and cost of co llection if incurred.
i VOt13tJ2 PACE 45
13, )2 t VOl t:J P~GE 46
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 the
City of Lubbock, shall look solely to said property, and the owners thereof;
for the payment of the sums assessed against the respective parcels of pro-
perty; 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 the City of
Lubbock, 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 o~ners 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 the City of Lubbock, 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 des-
cription 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 there-
of as so owned shall be sufficient or tf the name of the8owner 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 invali-
date 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 the City of Lubbock, 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 collec-
tion, if incurred. And said certificates shall set forth and evidence the
personal liability of the owners of such property and the lien upon such pro-
perty, 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 compli-
ance with the law in force and proceedings of the City of Lubbock; and that
all prerequisites to the fixing of the lien and claim of personal liability
evidenced by such certificates have been regularly done and performed, which
recitals shall be evidence of the matters and facts so recited, and no further
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 four installments, leaving the main certificate for the
fifth.
Arld 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 therE-
of 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 ane levying assessments the cost of the improvements
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 consider~d,
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 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 asses -
ment levied hereby or any certificate issued; and any such mistake, error, in-
validity, 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.
lVOL1382 PACE 47
i VOL13B2 '-ACE 48
Passed and approved by unanimous vote of the City Council this the 24th
day of January, 1974.
Pas.s.ed and .approved by unanimous vote of the City Council this the_l:l/.tltL
day of m~ ' 1974.
Passed and approved by unanimous vote of the City Council this the 28th
day of February , 1974.
ATTEST: MORRIS W. TURNER, MAYOR
APPROVED:
~~~< Fred 0. Senter, Jr., City ~ey
. t
. I . . AN ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST OF
IMPROVING :VARIOUS STREETS AND ALLEYS WITHIN THE CITY OF LUBBOCK, G.W.O 10,836.
I,Trev~ Phillip~ City Secr~tary-Treasurer, City of Lubbock, Texas hereby
certify that the above and foregoing is a true and correct copy of -----------------
ORDINANCE NO. 6812
~ssed by the City Council ~~~~F~eb~r~~~r~l~2~8~·-1~9~7_4~~~~~~--~----~~~~~---
and of record in -------~M;i~n~u~te~B~o~o~k~3~3~,~P~a~g~e~8~9~-------.._~----------------~----------
THIS _____ ....;l;;.;;s;..;;t ____ DAY OF _______ A_p_r_i_l _________ , 19_7_4_
• • t ·'~0
Treva Phillips, City Seer
City of Lubboc ,
/
t VOL1382 PAGe 49
0 0 0 0 tu. t~ ~rtl~ ~ Ar.ft ~ H \5 ~,. "~ (~~~ Cour I~ U rk,lubJ199h..~II~ TJ¥M .. T . ... \ ,• STATE OF TEXAS If COUNT)' OF LUBBOCK~ I ( I ho .. by comity tho! th!J lnJirUIIIOOI ..... FlllO !>" tbe dolt ond ot tho tf!M •lomped M,.on by .,. ond w• d "!CORDED io tM Volumt ond hge of tho IUCORD! ~ Lubbock CotlftiY,,•~ •• stom~d h•reon by .... I. • i . • -MAR 29 19'74 ~~ 'O!$Y ~~Rl l.lll~ ~1 JP'llll i VOt J. J 0~ PAGE :JU