HomeMy WebLinkAboutOrdinance - 8138-1981 - Correction Of Errors In The Paving Ord #7843 On Oct 11, 1979, Auth. New Certific - 01/22/1981.· II JWF:bs
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RETURN T? !.,•1fi''?T HEt(.TFl ENGR. DF.PT. CITY !/AHORDINANCE NO.
2136
8138 ------/-'2Z-/'lf/
·< AN ORDINANCE AUTHORIZING THE CORRECTION OF ERRORS IN THE PAVING ORDINANCE ~
NO. 7843 AS FINALLY PASSED ON OCTOBER 11, 1979, AUTHORIZING THE ISSUANCE OF I-
NEW CERTIFICATES OF ASSESSMENT; AND AUTHORIZING THE CITY SECRETARY TO NOTE THE -
CHANGE MADE .BY THIS ORDINANCE; AND DECLARING AN EMERGENCY AND THE EFFECTIVE ~
DATE OF THIS ORDINANCE; AND PROVIDING A SAVINGS CLAUSE. ~p i \~ 'lEGISTE'~ED
~ECC, EO
fNDEXE
COMPAREd
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/ WHEREAS, in Exhibit "A" of Ordinance No. 7843 wherein certain assessments ~
Jere made against named persons and property in certain stated amounts; and, C::
a
WHEREAS, there were errors in the descriptions of the property, the
designations of property owners, and that amounts assessed thereon for street
improvements; and,
WHEREAS, Ordinance No. 7843 provided in Paragraph IX thereof that any
error in the name of any property owner, in the description of any property,
or in the amount of ari.y assessment, could be corrected at any time by the
City; and,
WHEREAS, notice and hearing were duly made and had in the time and manner
required by law and which notice was sufficient in all respects to give full
notice to property owners of property abutting the portions of streets to be
improved; and,
WHEREAS, the power to correct errors in street improvement proceedings is
authorized by Article 1105b of Vernon's Revised Civil Statutes of Texas; and,
WHEREAS, this Ordinance affects the daily operation of the Paving Section
of the Engineering Department which creates an emergency, requiring the sus-
pension of all rules providing for the several readings of an ordinance before
final passage thereof; NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT Exhibit 11A", Ordinance No. 7843 as finally passed
October 11, 1979 be amended so as to change that part of the paving assessment
rolls for Sub-Unit No. 2 of Unit No. 2237 which reads:
OWNER: Frank S. Campbell Tr.
P.O. Box 1549
Scottsdale, Ariz. 85252
LOT: Beginning at a point which bears South 89 Degrees 59
Minutes 40 Seconds West 350.00 feet and North O Degrees
1 Minute 10 Seconds East 55.00 feet from the Southeast corner
of the Southwest One Quarter of Section 11, Block E-2, Lubbock
County, Texas, said point also being the Southwest corner of
Lot 404, Melonie Park South Addition to the City of Lubbock,
Texas.
THENCE North O Degrees 1 Minute 10 Seconds East along the
West Property Line of said Lot 404, Melonie Park South Addition
a distance of 150.00 feet to a point.
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AND,
THENCE South 89 Degrees 59 Minutes 40 Seconds West 80.00 feet
to a point.
THENCE South O Degrees 1 Minute 10 Seconds West 150.00 feet to
a point.
THENCE North 89 Degrees 59 Minutes 40 Seconds East 80.00 feet
to the Point of Beginning.
FOOTAGE: 80.00
TOTAL COST: $1,540.80
OWNER: No Assessment
Below High Water
Lake No. 25
LOT: From a point which is the southeast corner of Lot 2,
KFYO Addition to the City of Lubbock, Texas, to a point which
bears South 89 Degrees 59 Minutes 40 Seconds West 430.00 feet
and Nprth O Degrees 1 Minute 10 Seconds East 55.00 feet from
the southeast corner of the southwest one quarter of Section
11, Block E-2, Lubbock County, Texas.
FOOTAGE: 0.00
TOTAL COST: $0.00
be revised to read as follows:
OWNER:
Lot:
No Assessment
Below High Water
Lake No. 25
Beginning at a point which bears 1,550.00 feet N. 89°59'40" E.
and 55.00 feet N. 0°2'46" E. from the Southwest corner of
Section 11, Block E-2, said point also being the Southeast
corner of Lot 2, KFYO Addition to the City of Lubbock, Lubbock
County, Texas;
THENCE N. 89°59'40" E. 740.93 feet to a point, said point being
the Southwest corner of Lot 404, Melonie Park South Addition to
the City of Lubbock, Lubbock County, Texas;
THENCE N. 0°1'10" E. along the West line of said Lot 404,
Melonie Park South Addition a distance of 150.00 feet to a
point;
THENCE S. 89°59'40" W. 740.86 feet to a point; said point being
in the East line of said Lot 2, KFYO Addition;
THENCE S. 0°2'46" W. along the East line of said Lot 2, KFY.O
Addition a distance of 150.00 feet to the POINT OF BEGINNING •
. VOL 1722 PAGE 309
, VOL1722 PAGE 310
FOOTAGE: 0.00
TOTAL COST: $0.00
SECTION 2. THAT Exhibit "A", Ordinance No. 7843 as finally passed
October 11, 1979 be amended so as to change that part of the paving assessment
rolls for Sub-Unit No. 2 of Unit No. 2237 which reads:
OWNER:
LOT:
Louise King Crossnoe
2311 30th Street
Lubbock, Texas 79411
Beginning at a point which is South O Degrees 1 Minute 10
Seconds West 55.00 feet and North 89 Degrees 59 Minutes 40
Seconds East 2110.96 feet of the Northwest comer of Section
14, Block E-2, Lubbock County, Texas.
THENCE North 89 Degrees 59 Minutes 40 Seconds East a distance
of 484.99 feet to a point, said point being the beginning of a
curve in a southeasterly direction whose radius point bears
South O Degrees O Minutes 20 Seconds East 15.00 feet, with a
delta angle of 90 Degrees 1 Minute 30 Seconds, a tangent length
of 15.01 feet and an arc length of 23.57 feet.
THENCE around said 15.00 foot radius curve an arc length dis-
tance of 23.57 feet to a point.
THENCE South O Degrees 1 Minute 10 Seconds West a distance of
134.99 feet to a point.
THENCE South 89 Degrees 59 minutes 40 Seconds West a distance
of 500.00 feet to a point.
THENCE North O Degrees 1 Minute 10 Seconds East a distance of
150.00 feet to the Point of Beginning.
FOOTAGE: 500.00
TOTAL COST: $9,630.00
be revised to read as follows:
OWNER: Quien Sabe Investment Corporation & Ridgecrest
Building Co.
4138 34th Street
Lubbock, Texas 79410
LOT: BEGINNING at a point which bears 2,254.97 feet S. 89ci59'50" E.
and 55.00 feet s. 0°01 10" W. from the Northwest comer of
Section 14, Block E-2, Lubbock County, Texas, said point being
in the South right-of-way line of 82nd Street;
THENCE S. 89°59150" E. a distance of 310.00 feet to a point,
said point being the beginning of a curve to the right whose
radius point bears S. 0°0'10" W. 30.00 feet, having a delta
angle of 90°01', a tangent length of 30.01 feet and an arc length
of 47.13 feet to a point;
THENCE S. 0°111011 W. a distance of 119.99 feet to a point;
THENCE N. 89°59'50" w. a distance of 354.97 feet to a point;
THENCE N. 0°0'10" E. a distance of 135.00 feet to a point, said
point being the beginning of a curve to the right whose radius
point bears S. 89°59'50" E. 15.00 feet, having a delta angle of
90°, a tangent length of 15.00 feet and an arc length of 23.56
feet;
THENCE around said curve in a Northeasterly direction an arc
length distance of 23.56 feet to the POINT OF BEGINNING.
FOOTAGE: 355.01
TOTAL COST: $6,837.49
SECTION 3. THAT Exhibit "A". Ordinance No. 7843 as finally passed
October 11, 1979 be amended so as to change that part of the paving assessment
rolls for Sub-Unit No. 2 of Unit No. 2237 which reads:
OWNER: No Assessment
Below High Water
Lake No. 25
LOT: From a point that is 55.00 feet South O Degrees 1 Minute 10
Seconds West and 2110.96 feet North 89 Degrees 59 Minutes 40
Seconds East of the Northwest corner of Section 14, Block E-2,
Lubbock County, Texas, to a point that is 55.00 feet South 0
Degrees 3 Minutes 13 Seconds East and 1087.00 feet North 89
Degrees 59 Minutes 40 Seconds East of said Northwest corner of
Section 14, Block E-2.
FOOTAGE: 0.00
TOTAL COST: $0.00
be revised to read as .follows:
OWNER:
LOT:
No Assessment
Below High Water
Lake No. 25
BEGINNING at a point which bears 55.00 feet s. 0°0'10" W. and
851.99 feet S. 89°59'5011 E. from the Northwest corner of Section
14, Block E-2, Lubbock County, Texas;
· \IOL1722 PAGE 311
·• . "' . , .. VOL 1722 PAGE 312
THENCE S. 89°59'50" E. a distance of 1402~99 feet to a point,
said point being the beginning of a 15.00 foot radius curve in
a Southwesterly direction whose radius point bears S. 0°0110'
W. 15.00 feet having a delta angle of 90°, a tangent length of
15.00 feet and an arc length of 23.56 feet;
THENCE around said 15.00 foot radius curve in a Southwesterly
direction 23.56 feet to a point;
THENCE S. 0°0'10" W. a distance of 135.00 feet to a point;
THENCE N. 89°59'50" W. a distance of 1,372.99 feet to a point;
THENCE N. 0°0110" E. a distance of 135.00 feet to a point, said
point being the beginning of a 15.00 foot radius curve in a
Northwesterly direction whose radius point bears N. 89°59 150"
W. 15.00 feet having a delta angle of 90°, a tangent length of
15~00 feet and an arc length of 23.56 feet;
THENCE around said 15.00 foot radius curve in a Northwesterly
direction an arc length of 23.56 feet to the POINT OF BEGINNING.
FOOTAGE: 0.00
TOTAL COST: $0.00
SECTION 4. THAT Exhibit "A", Ordinance No. 7843 as finally passed
October 11, 1979 be amended so as to change that part of the paving assessment
rolls for Sub-Unit No. 2 of Unit No. 2237 which reads:
OWNER: Louise King Crossnoe
2311 30th Street
Lubbock, Texas 79411
LOT: Beginning at a point which is South O Degrees 3 Minutes 13
Seconds East 55.00 feet and North 89 Degrees 59 Minutes 40
Seconds East 116.97 feet of the Northwest corner of Section 14,
Block E-2, Lubbock County, Texas.
THENCE North 89 Degrees 59 Minutes 40 Seconds East a distance
of 970.03 feet to a point.
THENCE South O Degrees 3 Minutes 13 Seconds West a distance of
150.00 feet to a point.
THENCE South 89 Degrees 59 Minutes 40 Seconds West a distance
of 1000.00 feet to a point.:
THENCE North O Degrees 3 Minutes 13 Seconds East a distance of
120.03 feet to a point, said point being the beginning of a
curve in a northeasterly direction whose radius point bears
South 89 Degrees 56 Minutes/47 Seconds East 30.00 feet, with a
delta angle of 89 Degrees 59 Minutes 27 Seconds, having a
tangent length of 29.97 fee~ and an arc length of 47.09 feet. I .
THENCE around said 30.00 foot radius curve an arc length dis-
tance of 47.09 feet to the feint of Beginning.
.. , .. ~.
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FOOTAGE: 1,000.00
TOTAL COST: $19,260.00
be revised to read as follows:
OWNER: Quien Sabe Investment Corporation & Ridgecrest
Building Co.
4138 34th Street
Lubbock, Texas 79410
LOT: BEGINNING at a point which bears 55.00 feet S. 0°0'10" W. and
116.92 feet S. 89°59'50" E.1 from the Northwest corner of Section
14, Block E-2, Lubbock County, Texas;
THENCE s. 89°59'5011 E. a distance of 735.07 feet to a point,
said point being the beginning of a 15.00 foot radius curve in
a Southeasterly direction whose radius point bears S. 0°0'10"
W. 15.00 feet having a delta angle of 90°, a tangent length of
15.00 feet and an arc length of 23.56 feet;
THENCE around said 15.00 foot radius curve in a Southeasterly
direction an arc length of 23.56 feet to a point;
THENCE S. 0°0'10" W. a distance of 135.00 feet to a point;
THENCE N. 89°59 150" ~. a distance of 780.18 feet to a point;
THENCE N. 0°3'25" E. a distance of 120.03 feet to a point, said
poirit being the beginning of a 30.00 foot radius curve in a
Northeasterly direction whose radius point bears S. 89°56'35"
E. 30.00 feet having a delta angle of 89°56'4511 , a tangent
length of 29.97 feet and an arc length of 47.10 feet;
THENCE around said 30.00 foot radius curve in a Northeasterly
direction an arc length.of 47.10 feet to the l?OINT OF BEGINNING.
FOOTAGE: 780.04
TOTAL COST: $15,023.57
SECTION 5. THAT Exhibit "A11 , . Ordinance No. 7843 as finally passed
October 11, 1979 be amended so as to change that part of the paving assessment
rolls for Sub-Unit No. 2 of Unit No. 2237 which reads:
TOTAL PROPERTY OWNER COST
CITY'S SHARE
TOTAL SUB-UNIT COST
be revised to read as follows:
TOTAL PROPERTY OWNER COST
CITY'S SHARE
TOTAL SUB-UNIT COST
$35,081.30
614,396.38
$649,477.67
$26,511.56
622,966.11
$649.477.67
SECTION 6. THAT the Mayor is authorized to execute and the Secretary
attest paving certificates containing the corrected descriptions of property,
VOL 1722 PAG: 313
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· VOL1722 PAGE 314. ·
:designations of property owners, and assessment amounts on the properties
above to replace those certificates which contained the incorrect descriptions
of property, designations of owners and assessment amounts.
SECTION 7. THAT the City Secretary is authorized to note the amend-
ment to Ordinance No. 7843 in the margin of the ordinance records of the City
of Lubbock.
SECTION 8. This ordinance is hereby declared to be an emergency
measure for the reasons set forth in the preamble hereof, and the rule re-
quiring two readings of an ordinance is suspended, and this ordinance shall
take effect immediately from and after its passage.
SECTION 9. If any part of this Ordinance is judicially declared to be
invalid or unconstitutional, such declaration shall have no effect on the
remainder of this ordinance.
AND IT IS SO ORDERED.
On motion of Councilperson Joan Baker , seconded by Council-
person M. J. Aderton , this ordinance was passed on this the
22nd day of January, 1981, by the following vote:
Councilpersons voting "YEA":
Councilpersons voting "NAY":
-.ATTEST: Seal
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APPROVED AS TO CONTENT: -
APPROVED AS TO FORM:
J. Wo Fullingim, Asst. City A
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:• .,.,
The State of Texas
County of Lubbock
Before me, Gilberto P. Ortiz, a Notary Public in and for Lubbock
County, Texas on this day personally appeared Bidal Aguero of
Amigo Publications, publishers of El Editor, weekly newspaper,
who being by me duly sworn did depose and say that said news-
paper has been published continuously for more than fifty-two
weeks prior to the first insertion of this City Ordinance
No. 8138 at Lubbock County, Texas and the attached printed
copy of the City Ordinance is a true copy of the original and
N&tor on the following dates: January 23 &
Amigo Publications
Subscribed and sworn to before me this ':JtW/ day ofll;flep1t:rl98, .
~~4.~~
Notary Public
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Ordinance No. 8138 · An ordinance authorizing the
correction of errors · In the paving ,
Ordlnai,ce No. 7843 N finally passed
DnOctober 11, 1919,authoriZlngthe'
. ~ante of .l\d • certificates of . · eament; and alltl)qrlzing the City;
·. . · l')I ro note ·trot change made
.·· _this.ordinance; ..and de. claitng an•.
ncy and.the tffec;Uve date Of
·Ordinance; and providing a Inga clause . . · . l, Be It ordjllned b)' the City ~ncll
-f the City of Lubbock: .· . , .
; Section 7 •. That the 'City Secretary
~ authoriZed to note the amendment
:to Ordi11111ce No. 7843 ·;mltemargin
.'of the ordinance records of the.City
~U.ubbQck. . :, ' . 1 /
,: . Section 8. Thlsordiniante ithereb)'
•~a,elf to be •th , 'ffl!Brg~cy
,111e11Ure for the rea10114 set fOrtl'I In. tlh• pr•mble hereof, and thlt, rule
aqulrtng two r•dlngs • qt· an ,-c11nance . Is awpended, :encl this· 1ordlnanclil shall · take effect itmmedlllely . from · ancf after 118 :passage. . . .
I And It 1$80 Ordei'ed
, • On. motion of CoU11dlJ)llraon Jean ;Baker, nconded b)' Councilperson
M.J. · Aderton. this ordinance · was
iPIShd on lhls the 22nd day or
1J&n.U81')1, 1981, bythefollowlngvote:
' Councllperaons voting "YEA•: ;Mayor McAllster, Mayor Pro Tern
1ffenry, Councilmen Brown and iAd.tirton and Councilwoman Baker. · j. Counellpersons. • voling "NAY": · ;Noi,e. . . .. , · , · 11.i'Bm McAllsler,Mayor