HomeMy WebLinkAboutOrdinance - 5389-1968 - Levying Assessment Cost Of Improving J.L. Hinson Subdivision. - 01/10/19680\-\O-\qLDB
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ORDINANCE NO. 5 3 8 9
AN ORJ>INANCB CLOSING HEARING AND LEVYING ASSESSMENT FOR FART O"t 'IHB COST
OF IMPltOVING A PORTION OF TB! NOB.TR•SOUTll AND EAST-WEST ALLEYS LOCATED IN TBB
i'OLLQiJOO BLOCU AND ADDITIONS • J. L. HINSON SUBDlVISION OP LOTS 33 AND 34
ARNBTT-!BNSON ADDITION, STANPOBD SUBDIVISION PART OF BLOCK 76 ROBERTS ARD
McWHORTBR ADDITION, BLOCKS 76, 77 AND 78 ROBER.TS AND McWJIORTER. ADDITION, BLOCK 124
OVERTON ADDITION, BLOCK 37 OVERTON ADDITION, BLOCK 130 OVERTON ADDI'J:ION, GARLAND
SUBDIVISION '11 BLOCK 2 llOBD.1'S AND MdfflORTD ADDITION, BLOCK 33 ORIGINAL 'lWN,
CARL I.OBERD•s SUBl>IVISION, BLOCK 97 ORIGINAL TOWN, BLOCK 134 OVERTON ADDinON,
BLOCK 113 ORIGINAL TOWN, BLOCK l NEAL AND ALEXANDER ADDITION, BLOCK 25 OVERTON
ADDITION, BLOCK 74 OVERTON ADDITION, BLOCK 102 OVERTON ADDITION, BLOCK 78 OVERTON
ADDITION, BLOCk 18 OVERTON ADDITION, BLOCK 1 C. C. LANE SUBDIVISION, BLOCK 195
ORIGINAL TOWN, BLOCK 217 OB.IGINAL '.lWN, BLOCK 4 O'NEAL TBB.ltACE, BLOCk 9
SUMHBR BILL ADDITION, BLOC'l S MASSEY HEIGHTS ADDITION, BLOCK 4 COP!' ADDITION,
SC&\RNBERG ADDlnON, BLOCK 7 RIDGE CllBST ADDITION, SOUTH COLLEGE ADDITION, lD'l'S
99 TBRU 115 INCLUSIVE BR.IERQlOFT ADtlITION, BLOCK 1 VANDELIA VD.LAGE ADDITION,
BLOCK 3 VANDEi.IA VILLAGE ADDITION, BLOCK 6 D~lfAB. ADDITION, BLOCK 1 HARRIS
SUBDIVISION, LOTS 181 nmu 198 IHCLUSIVE LEl'"l'WICB K»rl'EREY EIGHTS ADDITION,
PRY ADDITION, LOT 204 MORRYBILL ADDITION, LOTS 1 TBllU 34 IHCLUSIVB SOUTH GATE
ADDITION, fllut)RE ADDITION, WES'lWOOD DRIVE ADDITION, DAVIDSON ADDinON AND
BLOCK 3 MEUILL'S ADDITION, SUCH PORTIONS BEING M>R.E PAR.TICULARLY l>ESCRIBFJ> IN THE
PAVING ASSBSSMIN'l'S OP 'l'J:lE CITY OP LUBBOCIC A'?TACHKD HERETO AND MADB A PART HEREOF
AND POB.TIONS or OTHBll SUNDRY ALLEYS lN THE CITY' OF LUBBOCIC, TEX.AS. AND/OR ALONG
THE BOUNDARIES 01 SAID CI'l'f AND PROVID~O FOR TB! COLLECTION OP SUCH ASSESSMENTS
AND FOll TH! ISSUANCE OF ASSIGNABLE CPATD'lCA'lES IN EVIl>ENCE TBBREOF, ALLOCATING
P'UNDS.(S!E SECTION ONE OF THIS ORDINANCE PClt UNITS DELETED Bf Clff COUNCIL).
WHEREAS, the City of Lubbock, a Home Rule !t.tnicipality, has heretofore
ordered that the hereinbelow mentioned portions of alleyo be improved by the
raising, grading and filling and paving and by installing concrete curb and
guttere and drains where·necessary on Sub~Unit Numbers 1, 2, 3, 4, S, 6, 7, 8, 9,
10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21 1 22, 23, 24, 25, 26, 27, 28, 29, JO,
31, 32 and 33 of Unit Humber A-394 and Sub-Unit Number 1 of Unit Number A-395, the
paving to be of reinforced concrete slab, a minillllm of five (511) inches in thick-
ness and a minimum of ten (10') feet wide 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 con-
struction of such improvements and contract was entered into with T. J. Hodges,
Inc., said portions being as follows, to-wit,
'l'he North~South alley between College Avenue and Boston Avenue from its intersection
with the South Property Line of Colgate Street to its intersection with a line
94 ft. North of the North Property Line of Baylor Street known and designated as
Sub-Unit Number 1 of Unit Number A-394.
(Lot 14, 3. L. Hinson Subdivision of Lot 33, Arnett Benson Addition ie ucepted
from assessment).
The North-South and Bast-West alley South of Baylor Street from its intersection
with a line 14 feet North of the South Property Line of Baylor Street South and
East to its intersection with the West Property Line of Waco Avenue, known and
designated as Sub-Unit Number 2 of Unit Number A-394.
The East-Yest alley between 4th Street and 5th Street from its intersection with
a line 12 feet Yest of the East Property Line of Avenue X to its intersection with
a line 12 feet East of the West Property Line of Avanue W,known and designated as
Sub-Unit Number 3 of Unit Number A-394.
The East-Uest alley between 7th Street and 8th Street from its intersection with
a line 12 feet West of the Bast Property Line of Avenue U to its intersection with
a line 250.00 feet West of the West Property Line of Avenue T, known and designated
as Sub-Unit Number 4 of Unit Number A-394.
The East-West alley bet:t1een 7th Street and 8th Street from its intersection with a
line 102.5 feet East of the East Property Line of college Avenue to its inter•
section with a line 12.0 feet East of the West Property Line of Avenue X, known
and designated as Sub-Unit Num.ber 5 of Unit Number A-394.
1lle North-South alley between Avenue Q and Paris Avenue from its intersection
with the South Property Line of 3rd Street to its intersection with a line 10 feet
South of the North Property Line of 4th Street, known and designated as Sub-Unit
Number 6 of Unit Number A-394,
The North-South alley West of Avenue O from its intersection with the North
Property1Line of 7th Street (West Leg) to its intersection with a line 14 feet
North of th& South Property Line of 6th Street (West Leg), known and designated
as Sub-Unit Number 7 of Unit Number A-394.
The North-South alley between Avenue O and Avenue Q from its intersection with a
line 14 feet North of the South Property Line of 10th Street (West Leg) to its
intersection with a line 19.5 feet South of the North Property Line of Main Street
{East Leg), known and designated as Sub-Unit Number 8 of Unit Number A-394.
The North~South alley between Avenue Q and Avenue O from its intersection with
the South Property Line of Main Street to its intersection vith the North Property
Line of Broadway, known and designated as Sub•Unit Number 9 of Unit Number A-394.
The East•West alley between Broadway nnd 13th Street from its intersection with a
line 12 feet West of the East Property Line of Avenue T to its intersection
with a line 250 feet West of the West Property Line of Avenue S, knm-m and
designated as Sub-Unit Number 10 of Unit Number A-394. (Lot 16, Block 25, Overton Addition is excepted from assessment),
The East-West alley between 14th Street and 15th Street from its intersection
with a line 12 feet West of the East Property Line of Avenue W to its intersection
with a line 12 feet East of the West Property Line of Avenue V, known and
designated as Sub-Unit Number 11 of Unit Number A-394.
The East-West alley between 14th Street and 15th Street from its intersection with
a line 150 feet East of the East Property Line of College Avenue to its inter•
section with a line 12 feet East of the West Property Line of Avenue X, known and
designated as Sub~Unit Number 12 of Unit Number A-394.
The East-West alley between 18th.Street and 19th Street from its intersection with
a line 12 feet West of the East Property Line of Avenue W to its intersection
with the West Property Line of Avenue v. known and designated as Sub-Unit Number 13
of Unit N~r A•394. (Lot 5,Block 78,0verton Addition is excepted from assessment).
The North•South alley between Avenue Sand Avenue R from its intersection with
the South Property Line of 18th Street to its intersection with a line 15 feet
South of the North Property Line of 19th Street, known and designated as Sub-Unit
Number 14 of Unit Number A•394.
The North-South alley between Avenue Rand Avenue S from its intersection with a
line 15 feet North of the South Property Line of 19th Street to its intersection
with a line 21.3 feet South of the North Property Line of 20th Street, known and
designated as Sub•Unit Number 15 of Unit Number A-394.
The North-South alley between Avenue Kand Avenue L from its intersection '71th a
line 24.S feet North of the South Property Line of 16th Street to its intersection
with a line 21.S feet South of the North Property Line of 17th Street, known and
designated as Sub-Unit Number 16 of Unit Number A-394.
The North-South alley between Avenue E and Avenue F from its intersection with
the South Property Line of 17th Street to its intersection with a line 12 fBet
South of the North Property Line of 18th Street, known ~n~ designat~d as Sub-Unit
Number 17 of Unit Number A-394.(Lots 5 & 6,Block 217,0riginal Town is excepted from
assessment).
The East-West alley between 29th Street and 30th Street from its intersection with
o line 22 feet Bast of the West Property Line of Avenue Q to its intersection with
a line 12 feet West of the East Property Line of Avenues, known and designated
as Sub-Unit Number 18 of Unit Number A .. 394.
'the East•Weat alley between 33rd Street and 34th Street from its intersection with
a line 17 feet West of the !ast Property Line of Avenue P to its intersection
with a line 12 feet East of the West Property Line of Avenue N, known and
designated as Sub-Unit Number 19 of Unit Number A-394.
The Bast-West alley between 33rd Street and 34th Street from its intersection
with the Bast Property Line of University Avenue (College Avenue) to its inter-
section with a line 12 feet East of the Weet Property Line of Avenue X, known and
designated as Sub-Unit Number 20 of Unit Number A•394.
The South half of the Bast-West alley betwe6n 49th Street and 50th Street from its
intersection with the East Property Line of Avenue U to its intersection with the
West Property Line of Avenue T, known and designated as Sub-Unit Number 21 of
Unit Number A-394.
The West half of the North~South alley West of Avenue W from it& intersection with
the South Property Line of 49th Street to its intersection with the East-West alley
South of 49th Street, known and designated as Sub-Unit Number 22 of Unit Number
A-394.
The North•South alley between Avenue T and Temple Avenue from its intersection with
the South Property Line of S4th Street to its intersection with the North Property
Line of S6th Street. known and designated as Sub•Unit Number 23 of Unit Number
A-394.
The East-West alley between S8th·Street and 59th Street from its intersection with
the West Property Line of Avenue P to its intersection with a line 135 feet West
of the Yest Property Line of Avenue P, known and designated as Sub-Unit Number 24
of Unit Number A-394.
The East•West alley between 59th Street a~d 60th Street from its intersection
with the West Property Line of Avenue P to its intersection with a line 125 feet
West of the West Property Line of Avenue P, known and designated as Sub-Unit
Number 25 of Unit Number A-394.
The East-West all~y between 25th Street and 26th Street from its intersection
with a line 12 feet West of the East Property Line of Canton Avenue to its
intersection with a line 14 feet East of the West Property Line of Boston Avenue,
knmm and designated as Sub-Unit Nuniber 26 of Unit Number A•394.(Lots 1,2,3,4,5,6 of
Block 6 Del Mar Addition are excepted from assessment).
The East-West alley between 35th Street and 36th Street £ram its intersection
with the East Property Line of Hartford Avenue to its intersection with the West
Property Line of Gary Avenue, known and designated as Sub-Unit Number 27 of Unit
Number A-394.
The Northeast-Southwest elley Southeast of 56th Street from its intersection
with a line 6 inches West of the East Property Line of Hartford Avenue to its
intersection with the West Property Line of 56th Drive (Monterey Drive), known
and designated as Sub•Unit Number 28 of Unit Number A•394.
The North-South alley between Joliet Avenue and Indiana Avenue from its
intersection with the South Property Line of 49th Street to its intersection with
a line 150 feet South of the South Property Line of 49th Street, known acd
designated as Sub-Unit Number 29 of Unit Number A-394.
The South one-half of the East-Vest alley between 48th Street and 50th Street
from its intersection with the East Property Line of Memphis Avenue to its
intersection with the West ·•property Line of Knoxville Avenue, known and
desiguted as Sub-Unit Number 30 of Unit Number A~394.
The East•West alley between 51st Street and 52nd Street from its in~ersection with
the East Property Line of Orlando Avenue to its intersection with the West Property
Line of Memphis Avenue, known and designated as Sub-Unit Number 31 of Unit Number
A-394.
The East-West alley between 21st Street and 22nd Street from its intersection
with a line 12 feet West of East Property Line of Louisville Avenue to its
intersection with the West Property Line of Knoxville Avenue, known and designated
as Sub-Unit Number 32 of Unit Number A~394. (Lots 5,6,7,8 & 10,Westwood Drive Addition and Lots 8 & 9,Fillmore Aadition are excepted from assessment).
The East-~est alley between 27th Street and 29th Street from its intersection
with the East Property Line of Slide Road to its intersection with the West Property
Line of York Avenue, known and designated as Sub .. Unit Number 33 of Unit Number
A-394.
The North•South alley between Avenue G and Avenue B from i~s intersection with a
line 12 feet North of the South Property Line of 24th Street to its intersection
with a line 12 feet South of the North Property Line of 25th Street, known and
desisoated as Sub-Unit Number 1 of Unit Number A-395.
The description of property abutting the aboveme.ntioned alleys as
described within thia ordinance covers all property to be assessed and resolves
and takes precedence to more general descriptions found in preceding resolutions.
lmERBAS. 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 shm,ing 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 ~n 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 City of Lubbock Tax Rolls,
and such hearing was had and held at the time and place fixed therefor, to-wit:
on the 10th day of January. 1968, at 10:00 o'clock a.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 considered, end 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
namaly:
Sub-Unit l of Unit A-394
Mr. G. H. Nelson appeared opposing the paving improvements.
Sub-Unit 2 of Unit A-394
Tom Clinton appeared ~epresenting M. S. Craig as being opposed to the
alley paving improvements.
A. B. Ohlenbush appeared at the Engineering Department and indicated that
he was opposed to the alley paving improvements.
Sub-Unit 3 of Unit A-394
Mr. Ken Bowlin appeared representing Mary L. Livermore as being opposed to
the alley paving improvements.
Sub-Unit 4 of Unit A•394
Mrs. Jessie Nixon indicated by telephone that she t1as opposed to the alley
paving improvements.
Mrs. Ellen Lehuw indicated by telephone that ehe was opposed to the alley
paving improvements.
Sub-Unit 5 of Unit A-394
Mr. J. T. Green indicated by telephone that he was opposed to the alley
paving improvements.
Sub ... Unit 6 of Unit A-394
Mr. Bill Clark appeared representing Mr. S. L. Lindley, who is the owner of
Robin Hood Inns, Inc. and Empire Finance Service, Inc., as being opposed to the
alley paving improvements.
Sub•Unit 7 of Unit A-394
l1iss Irma Pryor appeared representing herself ·and Gladys Pryor as being
opposed to the alley paving improvements.
Ray Chapman appeared representing J. W. Chapman Estate·as being opposed to
the alley paving improvements.
Mrs. Maude Bledsoe appeared opposing the alley paving improvements.
Sub-Unit 11 of Unit A•394
Mrs. G. N. Atkinson appeared and presented a petition signed by Mr. and Mrs.
W. A. Mct¼lrry, Mrs. Y. W. Nelson, Otis Taylor, Mrs. Otis Taylor, C. G. Rook,
Mrs. c. G. Rook, John N, Davidson. Mrs. John N. Davidson; Mr. and Mra. M. U.
Coulter, Mr. and Mrs. Lester E. Grimes, Jr., Mrs. Lucy Gray, Mr. and Mrs, W. G,
Johnaon, Mrs. R • .A. l-k!tcalfe, Mrs. J. U. Borum and Mrs. G. N, Atkinson opposing
the alley paving improvements,
Otis Taylor appeared opposing the alley paving improvements.
John Davidson nppeared opposing the alley paving improvements.
Sub-Unit 12 of Unit A-394
Mrs. Jenkins indicated by telephone that she was opposed to the alley
paving improvements,
Sub-Unit 13 of Unit A-394
Mr. E. a. McMurtry indicated by letter that he was opposed to the alley
paving improvements.
Henry Kight appeared representing H.B. Kight as being opposed to the alley
paving improvements.
Suh-Unit 14 of Unit A-394
Warlick Carr appeared representing the J. A. Dean Estate and Marjorie Dean
Bessent as being opposed to the alley paving improvements.
Sub-Unit 15 of Unit A-394
G. A. Barnett appeared opposing the alley paving improvements.
G. A. Barnett appeared representing Mrs. M. D. Lane as being opposed to
the alley paving improvements.
Mro. N. S. McBride appeared opposing the alley paving improvements.
Bruce Ferrell appeared representing City Steam Laundry as being opposed
to the alley paving improvements.
Sub-Unit 18 of Unit A-394
Robert L. Stewart indicated by telephone that he wee opposed to the alley
paving improvements.
Sub-Unit 19 of Unit A-394
Roy Page appeared representing Go Gas Co,, Inc. as being opposed to
the alley paving improvements.
A. C. Arnett appeared opposing the ~lley paving improvements.
A. C. Arnett represented Arnett Brokerage Co. as being opposed to the
alley paving improvements.
Alton O. Edler appe~red opposing the alley paving improvements.
-Sub•Unit 20 of Unit A-394
A. M. Le.san indicated by telephone that he was opposed to the alley
paving improvements.
Henry Huneke appeared representing R.osella Rushing Investment Co. a.a
being opposed to the alley paving improveme~te.
Preston Johnston appeared representing Frontier Saving Stamps, Inc. as
being opposed to the alley paving improvements.
Clarence Whiteside appeared opposing the alley paving improvements.
Sub-Unit 22 of Unit A-394
Tom Johnson appeared representing Medical Association ae being opposed to
the alley paving improvements.
Sub-Unit 23 of Unit A-394
Mrs • .Jean Stalcup indicated by letter that she was opposed to the alley
paving improvements.
Mrs. Les Purkeypmle appeared representing herself and Tom Prichett Hart
as being opposed to the alley paving improvements,
Mrs, Charles Moss indicated by telephone that she was opposed to the alley
paving i.mprovements.
Mr. Daniel T. Stickle appeared opposing the alley paving improvements.
Sub-Unit 24 of Unit A-394
Mr. J.C. Davis appeared opposing the alley pav:f.ng improvements.
Sub•Unit 25 of Unit A•394
Mr, J. c. Davis appeared opposing the alley paving improvements.
Sub-Unit 27 of Unit A-394
Gwin c. Barris appeared opposing the alley paving improvements.
J. J. McLoen appeared opposing the alley paving improvements.
Sub-Unit 28 of Unit A-394
R. T. Samford indicated by telephone that he was opposed to the alley
paving improvements.
Sub-Unit 30 of Unit A-394
William C. Sharpley lndicated by letter that he was opposed to the alley
paving improvements.
W. C •. Null indicated by letter that he was opposed to the alley paving
i.mprovemente.
Sub-Unit 33 of Ud~t A•394
B. E. Morris appeared opposing the alley paving improvements.
Mr. R. A. Lipscomb appeared representing the partnership of Lipscomb and
Morris as being opposed to the alley paving improvements.
Romer Wilson indicated by telephone to Councilman Granberry that he was
opposed to the alley paving improvements.
Sub-Unit l of Unit A-395
Guy Southern appeared representinB Burlington Lines Inc. aa being opposed
to the alley 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 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 over-ruled and the said hearing, with
respect to each and all Sub-Units and Units is hereby closed EXCEFr that it was
found that alley paving Sub-Units 2, 6, 7, 11, 14, 15, 19, 20, 22, 23, 24, 25, 27
and 33 of Unit A-394 and Sub-Unit 1 of Unit A-395 were erroneously included in
the public notice and in the contemplated ordinance and in other proceedings:
Therefore NO ASSESSMENT shall be made against the property included in said
Sub-Units and the City Engineer is hereby directed to delete and/or omit the
engineer's assessment roll for said Sub-Units consistent with this finding,
II.
The City Council, from the evidence finds that the assessments herein
levied shall be made and levied against the respective parcels of property
abutting upon the said portions of 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 particular property abuts, and for
which assessment is levied, in a sum in excess of the assessment levied, against
same by this ordinance, and further finds that the apportionment of the cost of
the improvements is in accordance with the proceedings heretofore taken and
bad with ref erence to such improvements and is in all respects valid and regular.
III.
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 below-
mentioned and itemized shown opposite the description of the respective parcels
of property. (If a particular parcel of property in any Sub-Unit is not to be
assessed then the words "NO ASSESSMENT" appears opposite the description herein-
below mentioned, and no assessment is hereby levied against property so shown).
Descriptions of property and the several amounts assessed against same, and the
Owners thereof, being as follows: (Rolls inserted in Original Copy of Ordinance
and in separate Ordinance Book).
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 th~ 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 tha assessments therefor,
or any other unit.
v.
That the several aums abovementioned asQessed against said parcels of
property, and against the real and true owners thereof, and interest thereon at
the rate of seven (7"1..) per cent per annum, together with reasonable attorney's
feee and cost or collection, i f incurred, are hereby declared to be and made a
lien upon the respect1.ve parcels of property against which the aame are assessed,
and a personal liability and charge against the real 1ind true owners thereof,
whether or not such owners be corr~ctly named herein and such liens shall b& and
cor.sti.tute 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 rayable as follows,
to-wit:
In three equal installments, the first payable on or before tventy (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 :fnstaUment 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
ar.ceptance; and such assessments shsll bear interest from the date of such
completion end acceptance at the rate of 7% per annum, payable annually with
each installment, so that upon completion and acceptance of the improvements
in a particttlor Sub-Unit assessments against the property abutting upon such
completed and accepted Sub-Unit shall be and become due and payable in such
installments and with interest from the date of such completion and acceptance,
provided that any owner shall have the right to pay off the entire assessment,
or any installment thereof, before maturity, by payment of principal and
accrued interest, and provi.ded further that if default shall be made in th.e
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 T. J.
Hodges, Inc., or its assigns, be and become immediately due and payable, and
shall be collectible 't7ith reasonable attorney's fees and costs of collecti.on
if incurt'ed.
vt.
The City of Lubbock shall not in any manner be liable for the payment of
any sulllS hereby assessed aga1.nst any property and the ownet"s thereof, but
T. J. Hodgesi Inc., shall look solely to said property, and the m-mers thereof,
for the payment of the sums assessed against the respective parcele o f 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 o( Lubbock as near
aa possible in the manner provided for the sale of property for the non-payment
VIIl.
?he assessments levied'by this drdinance 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 ma.king and levying assessments the cost of the :improvements in each Unit,
the benefits by means of the improvements, and all other matters and things
wlth 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
c,f 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.
J.X.
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
lev!ed hereby or any certificate issued, and any such mistake, error, invalidity,
or irregularity, whether in such assessment or in the cert i f icate 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.
Passed and approved by unanimous vote of the City Council this the 10th
day or January, 1968.
Passed and approved by unanimous vote of the City Council this the 11th ,:.;.,.-t -·~ ,, • • • day of January, 1968.
Passed and approved by unonimous vote of
day of JAN :~ • t9l.,g' .
APPROVED:
Sanruel W. Wahl, City Engineer
APPROVED:
Fred O. Senter, Jr., City Attorney