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Ordinance - 5185-1967 - Levy Assessment Part Of The Cost Of Improving N Hartford Ave, N Gary Ave, ETC... - 01/25/1967
r,._ ~, ?11~r 1 ....... _J/ ..,.(!,r/4t.':d 01 -2-6-lSCD°f' GWO 10554 0 ' -'2.-C.e -l...9-(o,-. o~-09 -,.9'(Q--=J- oRDINANcE NO. 5185 AN ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR A PART OF THE COST OF IMPROVING A PORTION OF NORTH HARTFORD AVENUE, NORTH GARY AVENUE, WACO AVENUE, 3RD STREET, EAST 15TH STREET, 28TH STREET, TEMPLE AVENUE, UVALDE AVENUE, AKRON AVENUE, VICKSBURG AVENUE, JOLIET AVENUE, EAST 1/2 OF NASHVTILE AVENUE, ERSKINE STREET, AVENUE K, KEMPER STREET, EAST 7TH STREET, UTE AVENUE, VANDA {AVENUE, EAST 10TH STREET, REDBUD AVENUE, AVENUE D, AVENUE B, EAST 38TH STREET, 46TH STREET, AVENUE J, AVENUE V, RALEIGH AVENUE, TOLEDO AVENUE, PEORIA AVENUE, 17TH STREET, 18TJ:\ STREET, 24TH STREET, CEDAR AVENUE, AVENUE T, EAST ITASCA STREET, EAST EMORY STREET, EAST 42ND STREET, UTICA DRIVE, YUCCA LANE, 66TH STREET, MARSHALL STREET, NORTH AVENUE T, 8TH STREET, GLOBE AVENUE, IVORY AVENUE, MAGNOLIA AVENUE, OAK AVENUE AND SLIDE ROAD SUCH PORTIONS BEING MORE PARTICULARLY DESCRIBED 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 PROVIDING FOR THE COLLECTION OF SUCH ASSESSMENTS AND FOR THE ISSUANCE OF ASSIGNABLE CERTIFICATES IN EVIDENCE THEREOF, ALLOCATING 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 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 Numbers 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24 of Unit Number 2158, Sub-Unit Numbers 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39 of Unit Number 2159, Sub-Unit Numbers 1, 2, 3, 4, 5, 6 of Unit Number 2160, Sub-Unit Numbers 1, 2, 3, 4, 5, 6 of Unit Number 2161, Sub-Unit Numbers 1, 2, 3 of Unit Number 2162, Sub-Unit Number 1 of Unit Number 2163, Sub-Unit Numbers 1, 2, 3, 4, 5, 6, 7, 8, 9, 11, 12, 13, 14, 15 of Unit Number 2164, Sub-Unit Number 1 of Unit 2165, the paving to be of five (5) course asphalt surface treatment (inverted penetration type) on a six (6) and nine (9) inch compacted caliche base or more, together with the necessary incidentals and appurtenances, all as provided in the specifications prepared by the City Engineer, now on file with said city; and arrangement for the making and construction of such improvements and contract was entered into with Kerr Construction Company, said portions being as follows, to-wit: North Hartford Avenue from its intersection with a line 20.00 feet South of the South Property Line of Jarvis Street to its intersection with a line 20.00 feet North of the North Property Line of Itasca Street, known and designated as Sub- Unit Number 1 of Unit Number 2158. North Hartford Avenue from its intersection with the South Property Line of Itasca Street to its intersection with the North Property Line of Harvard Street, known and designated as Sub-Unit Number 2 of Unit Number 2158. North Hartford Avenue from its intersection with the North Lip Line of Grinnell Street to its intersection with the South Property Line of Harvard Street, known and designated as Sub-Unit Number 3 of Unit Number 2158. ===""'9t=========-_,,=======================-===~:ii==l North Gary Avenue from its intersection with the South Property Line of Itasca Street to its intersection with the North Property Line of Harvard Street, known and des ignated as Sub-Unit Number 4 of Unit Number 2158. North Gary Avenue from i ts intersection with the South Property Line of Harvard Street to its intersection with the North Property Line of Grinnell Street, known and designated as Sub-Unit Number 5 of Unit Number 2158. Waco Avenue from its intersection with the South Property Line of 2nd Street to its intersection with the North Property Line of 2nd Place, known and designated as Sub-Unit Number 6 of Unit Number 2158. 3rd Street from its intersection with the East Property Line of Avenue H to its intersection with the West Property Line of Avenue F (South Leg), known and desig- nated as Sub-Unit Number 7 of Unit Number 2158. East 15th Street from its intersection with a line 13.00 feet Wes t of the West Property Line of Oak Avenue to its intersection with a line 12.00 feet West of the West Property Line of Quirt Avenue, known and designated as Sub-Unit Number 8 of Unit Number 2158. East 15th Street from its intersection with a line 12.00 feet East of the West Property Line of Magnolia Avenue to its intersection with a line 13.00 feet West of the West Property Line of Oak Avenue, known and designated as Sub-Unit Number 9 of Unit Number 2158. 28th Street from its intersection with a line 3.00 feet West of the West Property Line of the alley West of Avenue D to its intersection with a line 8.00 f eet West of the West Property Line of Avenue D> known and designated as Sub-Unit Number 10 of Unit Number 2158. Temple Avenue from its intersection with a line 2.00 feet North of the North Property Line of 66th Street to its intersection with the South Property Line of Lot 18, Block 14, Vandelia Village Addition, known and designated as Sub-Unit Number 11 of Unit Number 2158. Uvalde Avenue from its intersection with the South Property Line of 39th Street to its intersection with the North Property Line of 40th Street, known and designated as Sub-Unit Number 12 of Unit Number 2158. Akron Avenue from its intersection with the South Property Line of 43rd Street to its intersection with the North Property Line of 44th Street, known and designated as Sub-Unit Number 13 of Unit Number 2158. Akron Avenue from its intersection with the South Property Line of 44th Street to its intersection with the North Property Line o f 45th Street, known and designated as Sub-Unit Number 14 of Unit Number 2158. Vicksburg Avenue from i ts inters ection with the South Property Line of 35th Street to its intersection with the North Property Line of 36th Street, known and designated as Sub-Unit Number 15 of Unit Number 2158. V V Vicksburg Avenue from its intersection with the South Property Line of 36th Street to its intersection with the North Property Line of 37th Street, known and designated as Sub-Unit Number 16 of Unit Number 2158. Vicksburg Avenue from its intersection with the South Property Line of 37th Street to its intersection with a line 8.00 feet North of the North Property Line of 38th Street, known and designated as Sub-Unit Number 17 of Unit Number 2158. Vicksburg Avenue from its intersection with a line 3.00 feet South of the South Property Line of 38th Street to its intersection with a line 3.00 feet North of the North Property Line of 39th Street, known and designated as Sub-Unit Number 18 of Unit Number 2158. Vicksburg Avenue from its intersection with a line 3.00 feet South of the South Property Line of 39th Street to its intersection with the North Property Line of 40th Street, known and designated as Sub-Unit Number 19 of Unit Number 2158. Vicksburg Avenue from its intersection with the South Property Line of 40th Street to its intersection with the North Property Line of 41st Street, known and designated as Sub-Unit Number 20 of Unit Number 2158. Vicksburg Avenue from its intersection with the South Property Line of 41st Street to its intersection with a line 6.00 feet North of the North Property Line of 42nd Street, known and designated as Sub-Unit Number 21 of Unit Number 2158. Joliet Avenue from its intersection with the South Property Line of 22nd Place to its intersection with the North Property Line of 23rd Street, known and designated as Sub-Unit Number 22 of Unit Number 2158. The East 1/2 of Nashville Avenue from its intersection with a line 16.00 feet North of the South Property Line of 34th Street to its intersection with the North Property Line of 35th Street> known and designated as Sub-Unit Number 23 of Unit Nwnber 2158. The East 1/2 of Nashville Avenue from its intersection with the North Property Line of 36th Street to its intersection with the North Property Line of the alley North of 36th Street, known and designated as Sub-Unit Number 24 of Unit Number 2158. Erskine Street from its intersection with a line 5.00 feet East of the East Proper ty Line of North Canton Avenue (South Leg) to its intersection with the Southwest Property Line of Clovis Road, known and designated as Sub-Unit Number 1 of Unit Number 2159. 3rd Street from its intersection with the East Property Line of Uvalde Avenue to its intersection with a line 2.00 feet West of the West Property Line of Avenue U (South Leg), known and designated as Sub-Unit Number 2 of Unit Number 2159. 3rd Street from its intersection with a line 2.00 feet East of the East Property Line of Avenue U to its intersection with a line 2.00 feet West of the West Property Line of Temple Avenue, known and designated as Sub-Unit Number 3 of Unit Number 2159. 3 3rd Street from its intersection with a line 2.00 feet East of the East Property Line of Temple Avenue to its intersection with a line 2.00 feet West of the West Property Line of Avenue T, known and designated as Sub-Unit Number 4 of Unit Number 2159. 3rd Street from its intersection with a line 2.00 feet East of the East Property Line of Sherman Avenue (South Leg) to its intersection with a line 2.00 feet West of the West Property Line of Avenue S (South Leg), known and designated as Sub-Unit Number 5 of Unit Number 2159. Avenue K from its intersection with a line 10.00 feet South of the South Property Line of 2nd Place (East Leg) to its intersection with a line 10.00 feet South of the South Property Line of 3rd Street (East Leg), known and designated as Sub-Unit Number 6 of Unit Number 2159. Kemper Street from its intersection with the East Property Line of Lot 1, Garling- ton Heights Addition to its intersection with a line 40.00 feet West of the East Property Line of North Ash Avenue, known and designated as Sub-Unit Number 7 of Unit Number 2159. East 7th Street from its intersection with a line 6.00 feet West of the West Property Line of Walnut Avenue to its intersection with a line 8.00 feet East of the East Property Line of Ute Avenue, known and designated as Sub-Unit Number 8 of Unit Number 2159. Ute Avenue from its intersection with a line 8.00 feet North of the North Property Line of East 10th Street to its intersection with a line 8.00 feet South of the South Property Line of East 8th Street, known and designated as Sub-Unit Number 9 of Unit Number 2159. Vanda Avenue from its intersection with a line 8.00 feet North of the North Property Line of East 10th Street to its intersection with a line 8.00 feet South of the South Property Line of East 8th Street, known and designated as Sub-Unit Number 10 of Unit Number 2159. East 10th Street from its intersection with a line 8.00 feet West of the West Property Line of Walnut Avenue to its intersection with a line 7.00 feet East of the West Property Line of Ute Avenue, known and designated as Sub-Unit Number 11 of Unit Number 2159. Redbud Avenue from its intersection with the South Property Line of East Broadway to its intersection with the North Property Line of East 13th Street, known and designated as Sub-Unit Number 12 of Unit Number 2159. Avenue D from its intersection with a line 15.00 feet North of the North Property Line of 29th Street (East Leg) to its intersection with a line 210.00 feet North of the North Property Line of 29th Street (East Leg), known and designated as Sub-Unit Number 13 of Unit Number 2159. Avenue D from its intersection with a line 10.00 feet South of the South Property Line of 29th Street (West Leg) to its intersection with a line 15.00 feet South of the North Property Line of 30th Street (East Leg), known and designated as Sub- Unit Number 14 of Unit Number 2159. 4 u Avenue B from its intersection with the North Lip Line of 30th Street to its intersection with the South Property Line of 29th Street (West Leg), known and designated as Sub-Unit Number 15 of Unit Number 2159. East 38th Street from its intersection with a line 12.00 feet West of the West Property Line of Quirt Avenue to its intersection with a line 215.00 feet West of the East Property Line of Lot 2, Block 7, Nelson Brown Addition, known and designated as Sub-Unit Number 16 of Unit Number 2159. 46th Street from its intersection with a line 17.00 feet West of the East Property Line of Avenue D to its intersection with a line 23.00 feet East of the East Property Line of Avenue C (South Leg), known and designated as Sub-Unit Number 17 of Unit Number 2159. Avenue K from its intersection with a line 5.00 feet South of the South Property Line of 36th Street to its intersection with a line 3.00 feet North of the North Property Line of 37th Street, known and designated as Sub-Unit Number 18 of Unit Number 2159. 46th Street from its intersection with the East Lip Line of Avenue Q to its intersection with the West Property Line of Avenue P, known and designated as Sub-Unit Number 19 of Unit Number 2159. Avenue J from its intersection with a line 15.00 feet South of the South Property Line of 54th Street to its intersection with a line 8.00 feet South of the South Property Line of 56th Street, known and designated as Sub-Unit Number 20 of Unit Number 2159. Avenue T from its intersection with a line 5.00 feet South of the South Property Line of 41st Street (West Leg) to its intersection with a line 12.00 fee t South of the North Property Line of 42nd Street (West Leg), known and designated as Sub-Unit Number 21 of Unit Number 2159. Avenue V from its intersection with the South Property Line of 38th Street (East Leg) to its intersection with a line 15.00 feet South of the North Property Line of 39th Street, known and designated as Sub-Unit Number 22 of Unit Number 2159. Avenue V from its intersection with a line 15.00 feet North of the South Property Line of 39th Street to its intersection with a line 15.00 feet South of the North Property Line of 40th Street, known and designated as Sub-Unit Number 23 of Unit Number 2159. Akron Avenue from its intersection with the South Lip Line of 38th Street to its intersection with the North Lip Line of 39th Street, known and designated as Sub-Unit Number 24 of Unit Number 2159. Akron Avenue from its intersection with the South Property Line of 40th Street to its intersection with the North Property Line of 41st Street, known and designated as Sub-Unit Number 25 of Unit Number 2159. Raleigh Avenue from its intersection with the South Property Line of 38th Street to its intersection with the North Property Line of 39th Street, known and designated as Sub-Unit Number 26 of Unit Number 2159. 5 V u Raleigh Avenue from its intersection with the South Property Line of 39th Street to its intersection with the North Property Line of 40th Street, known and designated as Sub-Unit Number 27 of Unit Number 2159. Raleigh Avenue from its intersection with the South Property Line of 40th Street to its intersection with a line 6.00 feet North of the North Property Line of 42nd Street, known and designated as Sub-Unit Number 28 of Unit Number 2159. Toledo Avenue from its intersection with the South Property Line of 39th Street to its intersection with the North Property Line of 40th Street, known and designated as Sub-Unit Number 29 of Unit Number 2159. Toledo Avenue from its intersection with the South Property Line of 40th Street to its intersection with a line 6.00 feet North of the North Property Line of 42nd Street, known and designated as Sub-Unit Number 30 of Unit Number 2159. Toledo Avenue from its intersection with the South Property Line of 36th Street to its intersection with a line 2.00 feet North of the North Property Line of 37th Street, known and designated as Sub-Unit Number 31 of Unit Number 2159. Toledo Avenue from its intersection with a line 2.00 feet South of the South Property Line of 37th Street to its intersection with the North Property Line of 38th Street, known and designated as Sub-Unit Number 32 of Unit Number 2159. Peoria Avenue from its intersection with a line 2.00 feet North of the North Property Line of 18th Street to its intersection with a line 8.00 feet South of the South Property Line of 17th Street, known and designated as Sub-Unit 33 of Unit Number 2159. Peoria Avenue from its intersection with a line 8.00 feet North of the North Property Line of 17th Street to its intersection with a line 8.00 feet South of the South Property Line of 16th Street, known and designated as Sub-Unit Number 34 of Unit Number 2159. 17th Street from its intersection with a line 248.72 feet West of the West Property Line of Utica Avenue to its intersection with the West Property Line of Utica Avenu > known and designated as Sub-Unit Number 35 of Unit Number 2159. 18th Street from its intersection with a line 18.00 feet East of the East Property Line of Utica Drive to its intersection with the West Property Line of Utica Avenue, known and designated as Sub-Unit Number 36 of Unit Number 2159. 24tifstreet from its intersection with a line 11.00 feet East of the East Property Line 'qf ©jlicago Avenue to its intersection with a line 3.00 feet West of the West Prope~y Line of Bangor Avenue, known and designated as Sub-Unit Number 37 of Unit N\imber 2159. 24th Street from its intersection with a line 3.00 feet East of the East Property Line of Bangor Avenue to its intersection with a line 8.00 feet West of the West Property Line of Albany Avenue, known and designated as Sub-Unit Number 38 of Unit Number 2159. 46th Street from its intersection with a line 16.00 feet West of the West Property Line of Dover Avenue to its intersection with the West Curb Line of Englewood Avenue, known and designated as Sub-Unit Number 39 of Unit Number 2159. Cedar Avenue from its intersectio~ with the North Property Line of East 37th Street (East Leg) to its intersection with a line 8.00 feet South of the South Property Line of East 36th Street (West Leg), known and designated as Sub-Unit Number 1 of Unit Number 2160. Cedar Avenue from its intersection with a line 8.00 feet North of the North Property Line of East 36th Street (West Leg) to its intersection with the South Property Line of East 35th Street (East Leg), known and designated as Sub-Unit Number 2 of Unit Number 2160. Avenue T from its intersection with the Southwest Corner of Lot 8, Block 16, Vandelia Village Addition to its intersection with the North Property Line of 66th Street, known and designated as Sub-Unit Number 3 of Unit Number 2160. Temple Avenue from its intersection with a line 1.00 foot South of the South Property Line of 58th Street to its intersection with the North Property Line of 60th Street (East Leg), known and designated as Sub-Unit Number 4 of Unit Number 2160. Temple Avenue from its intersection with the South Property Line of 60th Street to its intersection with the North Property Line of 61st Street (East Leg), known and designated as Sub-Unit Number 5 of Unit Number 2160. Temple Avenue from its intersection with the South Property Line of 61st Street (East Leg) to its intersection with a line 119.5 feet Southwest of the South Proper- ty Line of the alley North of 62nd Street, known and designated as Sub-Unit Number 6 of Unit Number 2160. East Itasca Street from its intersection with a line 26.00 feet East of the West Property Line of Quirt Avenue (South Leg) to its intersection with a line 765.77 feet West of the West Property Line of Quirt Avenue (South Leg), known and designated as Sub-Unit Number 1 of Unit Number 2161. East Emory Street from its intersection with a line 26.00 feet East of the West Property Line of Quirt Avenue to its intersection with the West Property Line of Tract B, Mackenzie Manor Addition, known and designated as Sub-Unit Number 2 of Unit Number 2161. East 42nd Street from its intersection with a line 13.50 feet East of the East Property Line of Locust Avenue to its intersection with a line 3.50 feet East of the East Property Line of Magnolia Avenue (South Leg)> known and designated as Sub- Unit Number 3 of Unit Number 2161. East 42nd Street from its intersection with a line 3.50 feet East of the East Property Line of Magnolia Avenue (South Leg) to its intersection with a line 12.00 feet West of the West Property Line of Quirt Avenue, known and designated as Sub-Unit Number 4 of Unit Number 2161. Utica Drive from its intersection with a line 23.50 feet South of the North Property Line of 19th Street to its intersection with a line 13.00 feet North of the North Property Line of 18th Street, known and designated as Sub-Unit Number 5 of Unit Number 2161. 7 Utica Drive from its intersection with a line 13.00 feet North of the North Property Line of 18th Street to 'its intersection with a line 248.72 feet West of the West Property Line of Utica Avenue, known and designated as Sub-Unit Number 6 of Unit Number 2161. Yucca Lane from its intersection with a line 13.00 feet East of the East Property Line of Mesa Road (South Leg) to its intersection with a line 13.00 feet East of the East Property Line of Valley View Drive (South Leg), known and designated as Sub-Unit Number 1 of Unit Number 2162. Yucca Lane from its intersection with a line 13.00 feet East of the East Property Line of Valley View Drive (South Leg) to its intersection with a line 34.00 feet East of the East Property Line of Highland Drive (North Avenue A), known and designated as Sub-Unit Number 2 of Unit Number 2162. Cedar Avenue from its intersection with a line 13.00 fee.t North of the North Property Line of East 34th Street to its intersection with a line 7.00 feet South of the North Property Line of East 33rd Street, known and designated as Sub-Unit Number 3 of Unit Number 2162. 66th Street from its intersection with a line 15.00 feet East of the East Property Line of Indiana Avenue to its \intersection with a line 13.00 feet West of the West Property Line of Gary Avenue, known and designated as Sub-Unit Number 1 of Unit Number 2163. North Gary Avenue from its intersection with a line 13.50 feet North of the North Property Line of Oberlin Street (West Leg) to its intersection with a line 12.00 feet South of the North Property Line of Clovis Road, known and designated as Sub-Unit Number 1 of Unit Number 2164. North Gary Avenue from its intersection with a line 89.20 feet North of the South Property=·Line of Loop 289 to its intersection with a line 13.50 feet North of the North Property Line of Oberlin Street (West Leg), known and designated as Sub-Unit Number 2 of Unit Number 2164. Marshall Street from its intersection with a line 2.00 feet West of the East Property Line of North College Avenue (North Leg) to its intersection with a line 3.00 feet East of the East Property Line of the alley East of College Avenue, known and designated as Sub-Unit Number 3 of Unit Number 2164. North Avenue T from its intersection with a line 30.00 feet South of the North Property Line of Harvard Street to its intersection with a line 200.00 feet North of the North Property Line of Lot 13, Stanton's Industrial Addition, known and designated as Sub-Unit Number 4 of Unit Number 2164. 8th Street from its intersection with a line 13.00 feet East of the West Property Line of Avenue A to its intersection with a line 3.00 feet West of the West Proper ty Line of the alley West of Avenue A, known and designated as Sub-Unit Number 5 of Unit Number 2164. Globe Avenue from its intersection with a line 15.00 feet North of the North Property Line of East 37th Street (West Leg) to its intersection with a line 4.50 feet South of the alley North of East 36th Street, known and designated as Sub- Unit Number 6 of Unit Number 2164. Globe Avenue from its intersection with a line 13.50 feet North of the North Property Line of East 47th Street to its intersection with the North Property Line of East 48th Street, known and designated as Sub-Unit Number 7 of Unit Number 2164. Globe Avenue from its intersection with the North Property Line of East 48th Stree to its intersection with a line 10.00 feet North of the North Property Line of East 49th Street, known and designated as Sub-Unit Number 8 of Unit Number 2164. Globe Avenue .from its intersection with a line 10.00 feet North of the North Property Line of East 49th Street to its intersection with a line 12.00 feet South of the North Property Line of East 50th Street, known and designated as Sub-Unit Number 9 of Unit Number 2164. Ivory Avenue from its intersection with a line 13.00 feet South of the South Property Line of 50th Street to its intersection with a line 11.00 feet South of the South Property Line of 52nd Street, known and designated as Sub-Unit Number 11 of Unit Number 2164. Ivory Avenue from its intersection with a line 11.00 feet South of the South Property Line of 52nd Street to its intersection with a line 11.00 feet South of the South Property Line of 54th Street, known and designated as Sub-Unit Number 12 of Unit Number 2164. Magnolia Avenue from its intersection with a line 13.00 feet South of the South Property Line of 50th Street to its intersection with a line 11.00 feet South of the South Property Line of 52nd Street, known and designated as Sub-Unit Number 13 of Unit Number 2164. Oak Avenue from its intersection with a line 13.00 feet South of the South Property Line of 50th Street to its intersection with a line 11.00 feet South of the South Property Line of 52nd Street> known and designated as Sub-Unit Number 14 of Unit Number 2164. Oak Avenue from its intersection with a line 11.00 feet South of the South ProperQ Line of 52nd Street to its intersection with a line 11.00 feet South of the South Property Line of 54th Street, known and designated as Sub-Unit Number 15 of Unit Number 2164. Slide Road from its intersection with a line 11.00 feet South of the South Propert~ Line of 50th Street to its intersection with a line 15.00 feet South of the South Property Line of 54th Street (East Leg), known and designated as Sub-Unit Number 1 of Unit Number 2165. 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 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 time and place fixed therefor, to-wit: on the 25th day of Janu~ry, 1967, at 10:00 o'clock A.M. in the Council Room in the City of Lubbock, Texas, and at such 9 hearing all desiring 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 2158 Mrs. Will D. Groseclose indicated by telephone that they were opposed to the proposed paving improvements on North Hartford Avenue. Sub-Unit 3 of Unit 2158 Mr. J. W. Dennis indicated by telephone that he was opposed to the proposed paving improvements on North Hartford Avenue. M.A. Stucker indicated by telephone that he was opposed to the proposed paving improvements on North Hartford Avenue. Sub-Unit 5 of Unit 2158 Mr. Arnold R. Richards appeared opposing the proposed paving improvements on North Gary Avenue. Sub-Unit 6 of Unit 2158 Mr. Hobert w. White indicated by mail that he was opposed to the proposed paving improvements on Waco Avenue. Sub-Unic 7 of Unit 2158 Mrs. John Haddock appeared opposing the proposed paving improvements on 3rd Street. Mr. Tom Johnson appeared on behalf of the Panhandle and Santa Fe Railway Company opposing the proposed paving improvements on 3rd Street. Sub-Unit 8 of Unit 2158 Roberta Bascus, widow of Andrew Bascus, indicated by telephone that she was opposed to the proposed paving improvements on 3rd Street. Sub-Unit 9 of Unit 2158 Mrs. J. L. Davis appeared opposing the proposed paving improvements on East 15th Street. Mr. Luther Bull appeared at the City Engineering Department opposing the proposed paving improvements on East 15th Street. Mr. Rolan Simpson indicated by mail that he was opposed to the proposed paving improvements on the West End of East 15th Street. 0 Sub-Unit 10 of Unit 2158 Mr. George W. Blair appeared opposing the proposed paving improvements on 28th Street. Sub-Unit 12 of Unit 2158 Mr. C. O. Blackburn appeared for himself and on behalf of Mr. J. O. Blackburn and Mr. c. M. Robertson opposing the proposed paving improvements on Uvalde Avenue. Mr. Herbert H. Case indicated by mail that he was opposed to the proposed paving improvements on Uvalde Avenue. Sub-Unit 15 of Unit 2158 Mrs. J. R. Gibson indicated by mail that she was opposed to the proposed paving improvements on Vicksburg Avenue. Percy A. Williams indicated by mail that he was opposed to the proposed paving improvements on Vicksburg Avenue. Charles Leland Brock indicated by mail that he was opposed to the proposed paving improvements on Vicksburg Avenue. Ray E. Dilbeck indicated by mail that he was opposed to the proposed paving improvements on Vicksburg Avenue. Sub-Unit 20 of Unit 2158 Mr. Milton Gardner indicated by mail that he was opposed to the proposed paving_improvements on Vicksburg Avenue. Mr. William Pearson appeared opposing the proposed paving improvements on Vicksburg Avenue. Sub-Unit 21 of Unit 2158 Mrs. David L. Ivey indicated by mail that they were opposed to the proposed paving improvements on Vicksburg Avenue. Mr. H. H. Holman indicated by mail that he was opposed to the proposed paving improvements on Vicksburg Avenue. Ruby Lee Surmners indicated by telephone that she was opposed to the proposed paving improvements on Vicksburg Avenue. Sub-Unit 23 of Unit 2158 Lawton H. Ware indicated by telephone that he opposed the proposed paving improvements on Nashville Avenue. II 0 Sub-Unit 1 of Unit 2159 Mr. H. L. Post indicated by telephone that he was opposed to the proposed paving improvements on Erskine Street. Mr. L. L. Hendrix appeared for himself and on behalf of Edward Quevedo, James F. Mccasland, Leola Linn, Tom Kelly, Loyd Hendrix, Mrs. H. L. Post, L. J. Randolph, and H. L. Post opposing the proposed paving improvements on Erskine Stree. Sub-Unit 3 of Unit 2159 Mr. Charles R. Boortz indicated by telephone that he was opposed to the proposed paving improvements on 3rd Street. Sub-Unit 4 of Unit 2159 Mr. Dan Hurley appeared on behalf of Mr. J. F. McGregor opposing the proposed paving improvements on 3rd Street. Sub-Unit 5 of Unit 2159 Mrs. Sadie Norton appeared opposing the proposed paving improvements on 3rd Street. Sub-Unit 6 of Unit 2159 Mr. T. E. Patterson appeared opposing the proposed paving improvements on Avenue K. Sub-Unit 7 of Unit 2159 Mrs.H. L. Abernathy appeared opposing the proposed paving improvements on Kemper Street. Mr. Ivan Fowler appeared on behalf of the J. o. Garlington Estate opposing the proposed paving improvements on Kemper Street. Sub-Unit 8 of Unit 2159 Mr. W.W. Buckner appeared opposing the proposed paving improvements on East 7th Street. Mr. Jim Eldredge appeared opposing the proposed paving improvements on East 7th Street. Sub-Unit 11 of Unit 2159 Mr. C. D. Elliston appeared opposing the proposed paving improvements on East 10th Street. Sub-Unit 13 of Unit 2159 Mr. George w. Blair appeared opposing the proposed paving improvements. Sub-Unit 16 of Unit 2159 Mr. c. M. Lang appeared opposing the proposed paving improvements on East 38th Street. Sub-Unit 18 of Unit 2159 Mr . Joe L. Tarver appeared opposing the proposed paving improvements on Avenue K. Mr. Frank E. Hoop appeared opposing the proposed paving improvements on Avenue K. Sub-Unit 20 of Unit 2159 Mr. Joe Dale Bryan Vice-President, First National Bank, Administrator for the Estate of c. N. Hodges and Co-Administrator for the Estate of Linnie Jane Hodges indicated by mail that they were opposed to proposed paving improvements on Avenue J. Sub-Unit 21 of Unit 2159 Mr. Alvin D. Scoggin appeared opposing the proposed paving improvements ~---~o~Avenue T. 0 Mr. Tucker Rudder appeared opposing the proposed paving improvements on Avenue T. Sub-Unit 22 of Unit 2159 Mr. John T. Burns indicated by mail that he was opposed to the proposed paving·improvements on Avenue V. Mr. Henry T. Young appeared opposing the proposed paving improvements on Avenue V. Mr. D. D. Lacy appeared opposing the proposed paving improvements on Avenue V. Sub-Unit 24 of Unit 2159 Mr. Harold L. Paden appeared opposing the proposed paving improvements on . Akron Avenue. Mr. LeRoy Morrison, Jro indicated by mail that he was opposed to the proposed paving improvements on Akron Avenue. Sub-Unit 25 of Unit 2159 Mr. P. w. Wassom appeared on behalf of Prudy Wassam opposing the proposed paving improvements on Akron Avenue. 13 ) Sub-Unit 26 of Unit 2159 Mr. J. T. Carr appeared opposing the proposed paving improvements on Raleigh Avenue. Sub-Unit 27 of Unit 2159 Mr. Carl R. Brown appeared opposing the proposed paving improvements on Raleigh Avenue. Lottie Pinkston appeared opposing the proposed paving improvements on Raleigh Avenue. Carl Teeter indicated by mail that he was opposed to the proposed paving improvements on Raleigh Avenue. Sub-Unit 28 of Unit 2159 Roy L. Taylor appeared opposing the proposed paving improvements on Raleigh Avenue. Mr. Charles H. Payne appeared opposing the proposed paving improvements on Raleigh Avenue. Sub-Unit 32 of Unit 2159 Mr. Weldon Putman, J. D. Hamilton and Mrs. Homer Stanton indicated by mail that they were opposed to the proposed paving improvements on Toledo Avenue. Sub-Unit 35 of Unit 2159 Mr. William W. Brown appeared opposing the proposed paving improvements on 17th Street. Mr. Fletcher N. Green appeared opposing the proposed paving improvements on 17th Street. Mr. Larry o. Holly appeared opposing the proposed paving improvements on 17th Street. Suh-Unit 38 of Unit 2159 Mr. D. E. Sinclair indicated by telephone that he was opposed to the proposed paving improvements on 24th Street. Sub-Unit 1 of Unit 2161 Mr. Linus Wright, Business Manager for Lubbock Independent School District requested that Itasca Street be deleted from proposed paving contract. Sub-Unit 2 of Unit 2161 Mackenzie Manor Church of Christ indicated by mail that they were opposed to the proposed paving improvements on East Emory Street. 14 } \ Sub-Unit 3 of Unit 2161 Tasco Grain Company indicated by telephone that they were opposed to the proposed paving improvements on East 42nd Street. Mr. Tucker Rudder appeared opposing the proposed paving improvements on East 42nd Street. Sub-Unit 4 of Unit 2161 Mrs. J.M. Ayers appeared opposing the proposed paving improvements on East 42nd Street. Mrs. Monte Bain appeared on behalf of Norman D. Bain opposing the proposed paving improvements on East 42nd Street. Sub-Unit 6 of Unit 2161 Mr. Larry o. Holly appeared opposing the proposed paving improvements on Utica Drive. Sub-Unit 1 of Unit 2162 A representative for Lubbock Country Club appeared opposing the proposed paving improvements on Yucca Lane. Sub-Unit 2 of Unit 2162 A representative for Lubbock Country Club appeared opposing the proposed paving improvements on Yucca Lane. Sub-Unit 1 of Unit 2164 Western Tank and Steel Co. indicated by mail that they were opposed to the proposed paving improvements on North Gary Avenue. Texaco Inc. indicated by mail that they did not abut the proposed paving so they were against the proposed assessment. The Engineer for Panhandle & Santa Fe Railway Co. appeared opposing the proposed concrete railroad crossings. Sub-Unit 3 of Unit 2164 Gifford-Hill Westerns Inc.~ Mr. R. s. Gentry and W. s. Henry, indicated by mail that they were opposed to the proposed paving length on Marshall Street. Sub-Unit 4 of Unit 2164 Mr. Benidean Hammock appeared opposing the proposed paving improvements on North Avenue T. Knox, Gailey & Meador indicated by mail that they were opposed to the proposed paving improvements on North Avenue T. I - _) • Mr. Deloy Randolph appeared on behalf of the Josh Randolph Trust opposing the proposed paving improvements on North Avenue T. Mr. A. J. Jones appeared on behalf of BOK Investment Corporation opposing the proposed paving improvements on North Avenue T. Sub-Unit 6 of Unit 2164 Mr. Don Graf appeared on behalf of Rhyne Simpson opposing the proposed paving improvements on Globe Avenue. Sub-Unit 8 of Unit 2164 Mrs .L. v. Richardson appeared opposing the proposed paving improvements on Globe Avenue. Sub-Unit 9 of Unit 2164 Mrs,. L, v. Richardson appeared opposing the proposed paving improvements on Globe Avenue. Sub-Unit 11 of Unit 2164 Mr. Jack Foster appeared opposing the proposed paving improvements on Ivory Avenue, Sub-Unit 13 of Unit 2164 LaVada M. Paul Petty, Mr. Petty indicated by telephone that they were opposed to the proposed paving improvements on Magnolia Avenue • Sub-Unit 14 of Unit 2164 Weldon Gibbs & O. Gowen appeared opposing the proposed paving improve- ments on Oak Avenue, R. B. Blaylock appeared opposing the proposed paving improvements on Oak Avenue. Wade Kelly appeared opposing the proposed paving improvements on Oak Avenue. Sub-Unit 15 of Unit 2164 Mr. J. W. Blackstock appeared opposing the proposed paving improvements on Oak Avenue. Mr. H. L. Bradford appeared opposing the proposed paving improvements on Oak Avenue. Mr. c. E. Husky appeared opposing the proposed paving improvements on Oak Avenue. Sub-Unit 1 of Unit 2165 Mr. Buster Long appeared opposing the proposed paving improvements on Slide Road. J~ And all objections and 'protest made were fully considered and said hear- ing was continued from day to day and from time to time until this date, 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-Unit 10 of Unit 2158, Sub-Units 1, 7, 9, 10, 11, 13, 16, 18, 21, 22, 25, 26, 27, 28 of Unit 2159, Sub-Units 1, 3, 4 of Unit 2161, Sub-Units 1, 2 of Unit 2162, Sub-Units 4. 6, 7, 8, 9, 11, 12, 13, 14, 15 of Unit 2164, Sub- Unit 1 of Unit 2165, 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 engineerrs 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~um in excess of the assessment levied , against same by this ordinance, and further f nds that the apportionment of the cost of the improvements is in accordance ith the proceeding heretofore taken and had with reference to such improvements nd is in all~ respects valid and regular. II-A. The City Council, from evidence considering the benefits received and burdens imposed9 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 con- stitute a lien superior to any other lien or claim except State, County and Municipal Taxes. 1 r III. That there shall be and is hereby levied and assessed against the parcels of property and railroads crossing or occupying streets, highways1 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/or alleys; the descriptions 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, in 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 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 e~ual installments, the first payable on or before twenty t20) days after the completion and acceptance by the City of the improvements in t he 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-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 install- ment 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 as- signs, be and become immediately due and payable, and shall be collectible with reasonable attorney's fees and costs of collection if incurred. I '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 xhereof, 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 swns 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 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 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 attorney's fees and costs of collection, if incurred. And said certificates shall set forth and evidence the personal liability of the owners of such property and the lien upon such property, and shall provide in effect if default shall be made in the payment thereof the same lllf.Y be enforced either by the sale of the property by the Tax Collector and ssessor of the City of Lubbock, as above recited, or by suit in any court having jurisdiction. 19 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 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 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 power•, 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 im- 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 improvements in any other unit. The omission of improvements in any particular unit in front of any property exempt from the lien of such assessments shall in nowise affect or impair the validity of assessments against other property in that unit. IX. No mistake, error, invalidity, or irregularity in the name of any property owner, or the description of any property, or the amount of any assessment, or in any other matter or thing, shall in any wise invalidate or impair any assessment levied hereby or any certificate issued, and any such mistake, error, invalidity, or irregularity, whether in such assessment or in fthe certificate issued in evidence thereof, may be corrected at any time by the City. 20 I 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 Council this the 25th day of January , 19 67 Passed and approved by unanimous vote of the City Council this the 26th day of January ' 19 67 '50--- J Passed and approved by unanimous vote of the City Council this the 9th day of Februarx , 19 67 I 0 .2 I