HomeMy WebLinkAboutOrdinance - 1247-1952 - Levy Assessment For Part Of Cost Of Improving A Portion Of Cornell St, ETC... - 07/10/1952GWO # 675 o':f -lo-t9ES2
07-2.'+-1.9 52.,
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0RDIX.AICB NO. l247
AN ORDINANCE CLOSlNG HEARING AND LEVYING ABSESSMFM'S FOR A PART C6 THE
COST OF IMPROVING A PORTICB OF CORNELL STREET 1 48TH STREET, 42ND STRK!T, 38TH
STREET, AVENUE L, 9TH STREET, 2ND PLACE, 2HD STREET, 371'H STREltt1 58TH STR&ET,
lTACHA Avmru!, 23RD STREET, 24TH STRm, 40TH STRUT, 41ST STREET, CBLAIDO AVINUI,
62ND STRm' 1 43RD STRE&T, 65TH STREET 1 BAYLOR STREET 1 .31ST STREl!.T, JOLIET AV!NUB,
AVENUE S, .32ND STREET, WfOSHA AV!NUE, 36TH STRI<'ln', IVORr A~ IWIG AVBNtB,
EAST .3STH STRBST, lAST 36TH STREin', EAST 37TH STJ.IEia; GRINNELL STRiET, SHALLOWATJR
IIUVE, lMORY STREET, COLGATE STREBT, SALIM AVi'NUB 1 EAST-WEST ALLEY IH ILOCI 99,
OVERTON ADDI'll<Ji, SUai PORTICiiS BErNG M<JlE PARTICULARLY IBSCRIBED IN THE PAVOO
ASSE.S.SJlEHTS OF THE CITY OF LUBBOCK ATTACHED H.IBETO AND MADE A PART HIRIOf AID
P<ETIOHS OF OTHER SUNDRY STREETS, HIGWAYS, AV!NlBS AND/OR ALLErS IN THE CITY fl
WBBOCK, TEXAS, AND/OR ALOtll THE BOUNDARIES OP SAID CITY AND PROVIDING FCJl 1141
COLLiCTI<Ji OF SUCH ASSESSMmiTS AND Pt'ft THE ISSUANCE OP ASSIGNABLE CUJ:IPICATES IN
EVIDIWCE 'l'HBBEOF, ALLOCATING FUNDS.
'WHIRSAS, the Cit~t Lubbock, a H~ Rule Mun1c1palit:y, haa heretofore
ordered that. the hereinbelow mentioned portions of street ,a h~, avmuea am/or all8J8 be ilaprond b7 the raiaing, gradirlg and t1111na md pavlns am b;r
1netall.i.nc concrete curb am gutters and draina whel"fhecea8&1'7 on Unit Noa.
92<>-B, 1053, 1222, 134.3, 1344, 1.349, 1352, 13531 1354, 1360, 1371, 1372 1 137.3, 1374,
1376, 1377, 1378, 1379, lJtt), 1381, 1.382, 1.38.3, 1387, 1388, 1.389, 1390, 1391, 1392,
1.3931 1394, J395, lJ96, J4()3, 1404, 'JA07 1 1408, 1409, 1410, 1411, 1412, l4lJ, 1.414,
l41S, 1416, 14171 1418, 1423, 1424, 1426, 1427, 1428, A-248, the paving to be ot.
quadruple aaphalt aurtaoe treatment (inverted penetration type) on a six (6) 1no.h
com.pacted caliche base, together with the neceaeaey incidmtale and appurtenances,
all aa provided in the apecitications prepared by the City Bnglneer, now on file
witb eaid Cit:n mr:l arrana-ent tor the -'dng and construction ot such i.mprovementa
and contract was ctered int-o with Warren and Purtell, Inccrporated, 8fdd portions
being as tollowe, to-witJ
Cornell street !rom ita intersection with the West Property Line or North Detroit
Avenue to ita interaection w.lth the Eut Property Line of North Elgin AV111•1 known
and dea~atecl ae Unit Number 920-B.
49th Street trca ita int.ersecUon with the Weet PavirJB L1De ot Avenue Q to its
1n'krs.ct1on with the Baet Propert.:r Line ot ATenue s, known and desipated as
Umt. Number 105.3.
42nd street troa ita 1nternct.1on with the west Property Line or CentOil Avenue to
ita 1ntereection with the West. Property Line ot Elgin Avm•, known and designated
aa Unit Jfuaber 1222.
38th street trom ita 1ntenect1on with the Weet Property Line or El&'n Avcm.
to its intersection with the Weet Propert.:y Line ot Flint. AwnUI, knOWl and dee14J-
nated ae Unit NUIIIber 1343.
Avenue L traa ita int.ors•ction with the South Propert.:y Line or 29 Street (Kaet)
to ita intersection vith the N<rth Propert7 Line ot 3oth street, knCMl and designat-
ed as Unit Number 1344.
9th Street from its inteesection with the East Property Line of Avenue G to its
intersection 'With the West Rail of P. & s. Fl Industry Track of Avenue F, known
and designated as Unit Number 1349.
2nd Place frOID its intersection with the West Property Line of' Detroit A'WJnue to
its intersection with the West Property Line of' Elgin AYenue, known and desigmted.
as Unit Number l3 52.
2nd Place from ita 1Dt.ersection with the West Property Line of' Canton ATmue
to ita interseetion with the West Property Line ot Detroit Avenue, known and
designated as Unit lfumber 1.35.3.
I 2nd street from ita intersection with the East Property Line of' Gary Avenue, to ita
interaection with the West Property Line ot Hartford Avenue (North) known and.
designated as Unit Number 1354. 'l'his unit is &10J1« and bordering the boundary of
the City of ,Lubbock, and part ot the property to be assessed is outside the City
bOUDdary • ,
37th street t:rom its intersection with the West Property Line of Avea.ue V to ita
, intersection with the East Property Line of Avenue w., known and designated as
Unit Number ,l,36o.
'8th Street from its intersection with the West Property Line of' Temple Avenue to
itl!f ~eraeotion with the West Property Lim of' J\VEue P, known and designated as
tJnU, HUDber 1371. · ·
Ituce Avenue from its intersection with the South Property Line of 2.3rd street
to ita intersection with the North Property Line. ot 24th Street, lmown and
designated a s Un,it N'UJ'Ilber 13 72.
23rd Street from ita intersection with the East Gutter Line of Ithaca Avenue to
its intersection with the East Property Line of Joliet Aftnue (North) lmolll and
desip. ted as Unit Number 1373 •
24th Street from. its intersection with the West Gutter Line of Indiana Avenue to
its intersection with the East Propert.7 Line ot Joliet AV«lue, known and designated
as Unit Number ~374.
40th Street trom-its intersection with the Bast Property Line of Orl&D.io Ave~.
to its intersection with the East Property Line ot Quaker Avenue, known and
desigaated as Unit Nuaber 1376.
41st Street from its intersection with the last Gutter Line ot Orlando Avenue to
its intersection with the East Property Line · of Quaker Avenue.,lmCNn and
desipted as Unit NUDb er l3 77.
42nd Street from its iDt.ereection with the East Propert7 Line of Peoria Avenue
to its i&erseetion with the Bast Propert7 Line of Quaker Avenue, known aDd
desipted as Unit NUDber l378. This unit is aloag the boumary of the City,
and part or the property to be assessed is out side the City bound.VY.
c~~ .
Orl.aado Avenue from its int.ersection with the North Line of .UU.y South of 36th
Street to _it~ intersect!~ with the North Property Lim ot 4oth street, lmown and
designated :as Unit Nuober 13 79 • .. ~.. Orlando tvenw. trom its intersection with the South Property Line of 40th Street
to its iiitersect1cm with the .North Property Line ot 41st Street, known am
deai&Dated as Unit NUD'ber 1380.
)
" .
Orlando Avenue from its intersection with the South Propetrt.:r !Jne. ot 4lst Street
to its intersection with tbe North Propel"'tl' IJ.ne of 42nd Street, kno'lllll. and designate~ Unit .Number 1381. ·
2nd Street from its int.e~sect.ion with the West Propert:r Lt. ot Hartford Avem.
{Nort.b) to ita intersection with the West Property Line ot Indiana Avenllt, knolll
and deaipated as Unit Number ]382. This unit is alo~e City bo'Ul'ldar.r and
part of the· property to be assessed is out.sid.e of the Cit:r boundar7.
62nd Street from its iDt. ersection with the West Pl"opert.:r Line ot Avenue T to ita
intersection with the East Property Line of Avenue U, known and designated ae
Unit Number 1383.
43rd Street from its intersection with the West Property Line of Ave• S to ita
intersection with the West Propert.:r Line of Avenue T, lmown and clea18Qated as
Unit N'WII:>er 1387.
65th Street from ita intersection with tbe West Paving Line of Caprock Drive to
its :1.nt e~ection with the West Property Line of Avenue N 1 known an4 designated aa
Unit Number 1388•
41st Street 1'r<D ita intersection with tbe West Propert7 Line of Avenue T to ita
intersection with the West Propert:r Line of Avtllue U, tmolilll and designated as
Unit Nuuber 1389.
Baylor street trom its Sntereection with the West Propert7 Line of College Avenue
to b 1ntereection with the West P:ropert:r Line of Detroit &vernl!l, kncn~n and
desicne.ted as Unit Number 1390. ·
36th street from its il&ersection with the East Property Line of Avenue S to its
intersect~.on with the Bast Property Line of JaZTett Addition, known and deei&nated.
as Unit Nwiber J391.
31st Street tram its irt. eraection with the West Property Line ot Peoria Avenue to
its :l!&eraection with the West Propert7 Line ot Q\aker Avenue, known and desigtated
aa Unit Number 13 92.
Joliet Avenue from its irt.ereection with tbe South Property Line of 27th Street to
its 1Dt.eraection ld.th the Nort.h Property Line of 28th Street, known and deaignatecl
as Unit tfuuber 1393.
Avenue S from its tmeraection with the South Property Lin& of 4th Street tel its
intersection with t be NOE'th Prop«'t7 Line of ;th Street, known and designated as
Unit Number 1394.
42nd Street -troa its int.eraection with the West Property I..1De ot Akron Avenue to
its intereection with the iaet Propert7 Line of Boston A vema , known an4(iesignat e4,
as Unit Number 1395.
32nd Street fl'Om its irt.ersection with the West Propert7 Line of Peoria Avenue to
its intejaection with the West Propel"t-7 Line of Qtaker Avenue, known and deei&Jlatecl
u Unit Number 1396.
Kenosha Avenue trom ita int,ersection 'With the Sou.lih Propert.y Line of 24th street to
St. e !.l:&ersection with the North Propert7 Line ot 26th Street, known an4fieei&n&ted
as Unit Number 140.3.
43rd Street from ita intersection with the West Property Line of College Avenue
to ita intera•etion with the West. Property Line of Akron Avenue, knO\'Mn aD:l
deaigaated aa Unit 'Number l.A,O~~ ••
36th street trom ita it'Zereect.ion with the East Propert7 Line of Hartford Avenue
to its int.ersection with the East Property Line ot Indiana Avenue, known and
deaigrBtecl as Unit Number 1407.
· Lim Ivor.v Avenue fran its irlt.ersection with the Stbuth Paving/of East 34th Street
to ita intersection with the North Property Line or East 35th Street,. lmown a!d
designated ae Unit Number l408.
Ivory Avenue trom ita intersection with the South Property Line of Bast 35th Street.
to its intersection with the North Property Line or East 36th Street, knam and
designated >as Unit Number 1409. ·
Ivoq Avenue hom ita intersection with the South Property Line of Bast 36th Street
to ita intersection with the North Property Line of East 37th Street, known end
deeipted as Unit !lUJd)er l410.
King AVelllJI.f'ram its intersection with the South Paving Line or East 34th Stree1J
to ita intersection with the Mcrth Property Line ot last 35th street, knOlftl and
desf8nated as lu.it Number 1411.
fin& ATenuf) .rrca its intersection with the South Property Linl ot But 35th
street to ita intersect-ion with the Nort.h Property Line of last 36th steeet, knom
and designated as Unit Number 1412.
East 35th street from its intersection with the West Properly Line or Ivory Avenue
to ita itdiersection with the Eaet Property Line or King Avell\lt I known and
designated ae Unit NWiber 14J4.
King Avenue troa ita int.·ersection with the So\t. h Property Line of East 36th Street
to its intersection with the ~Icrth Property Line ot East .37th street, know and
designated as Unit NWiber 1413.
East 36th street from its intersection with the West Line of Clutter 2nd Addition
to ita intersection with the Eut Line of Clutter 2nd Additbn, known and
desipated aa Unit N\Dber W.S.
East 37th Street from its intersection with the Weat Property Line ot lwr;r Avenue
to ita intersection with the East Property Line ot King Aven\lt, lmotll ancl
designated as Unit Number 1416.
Grinnell street .from ita 1Jt.eraeetion with the West Property Line ot North B1Pn
Avenue to its inliersection with the East PropUty Line of North Plitt. Av-enue,
knovn and deeigca ted as Unit Number 1417.
4lat street trom its inters«t1on with the East Paving Line of' Slide Road to ita
intersection with the East Property Line of Utica Avenue 1 knCMD and designated as
Unit NUIIlber 1418.
Shallowater Drive from its intersection with the West Propert7 Line of Harth
Elgin Avenue to its izt.ersection with the West Propert7 Lia of North Pl.in!
Avenue, known and desipted aa Unit H\llber 1423.
Emory Street from its intersection with the East Line of Burleson & Osbom
Addition to its 'intersection ld.th the Sout.mresterl)" Paving Line ot Clovis Road,
known and desipated a.tfn.it Number 1424.
(Cbmall Street !-om its intersection with the West Property Line ot North Avenue
U to ita intersection with the West Gutter Ltne ot Baylor Drive, k:notm and
desi«nated as Unit Number 1426.
Colgte Street t-om its intersection with the West Property Line of North Avenue
U to its ilmersection with the West Gutter Line of Baylor Drive, lmmm and de-
signated as Unit Number 1427.
Sa.lea Aitenue hom its int.ersect1on with the South Paving Line of 34th Street
to its i.nt.ersection with the North Property Line cl 42nd Street¥ known and
designated as Unit Nwlber 1428.
East-West-Allq in Block $9 1 Overton Addition, betwem Main and Broaclva7 1 trca
ita intersection vith the West Propert7 Line of Avenue X to its intersection
with the East Pl"'perty Line ot-Col.lege Avenue, knom and desi&nated as Unit
Number A-24&.
WHEREAS, the City Engineer prepared rolls or statements frTr the
improvements in each unit, showing the amounts to be assessed against the various
parcels of abutting property, and the owners thereof, and showi.n& other mattera
and things J and the aame were exud ned b7 the City COJII!lisaion and approved, aid
a time and place waa fixed ~ h .. rina to the owners of such abuttingg propert7 ,
and to all others 1n an)"Wi&e interested, and due and proper not ice was given,
and such hearing was h8d and. held at the time and plAce tixed theretor, to-wit a
on the lOth day ot Jul7, 19S2, at 2:00 o'clock P.M¥ in the Ccmaiasi.on Room in the
City of Lubbock, Texas, and ai(inmh hearing a.ll desiring to be heard were-tullT
and fairl¥ heard, and evidence· was received and considered and all protests md
objections made were considered, and aaid hearin& was in all respects held in the
DBDDer prov.14ed and nquirecl bT the charter and law 1n force 1n this City-and by
the proceedi.nla ot the Cit;r with refereDCe to such matters, and the following
protests wre ade concerning the improvements in the units indicated namel71
None.
And all 'Objections and pr'*ests made were tully considered and said
hearing was contin\lelttrom day to day and tom time to time until this date,
and the Cit-7 Caraiaaion bavingtully and fairl7 heard all parties mald.Jw aD7
protest. and all parties desiring to be beard, and. having tully ccmsidered all
matters preaent.e<i for consideration, and having fully considered all of the
evidence, ~ pertinem and proper matters is ot opinion that the followi~W
disposition should be made of such protests and objectiDns,and that assessments
should be Dade ae herein ordained, THEREFORE
BE IT 01\DAINED BY 11m CITY COMMISSIOO OF THE CITY OF LUBOOCI:
I.
Tlat all protests and objections, whether herein epecit1c&l.lT m«l-
ti<mtd or not, shall be and the ADIIt re hereby overruled and the said hearlna
with reapct to each and aU of eaid Units, is hereb)r cl.Med.
II.
The City CODmieaion, from. the evidmce finds that the usea811111!1Dta herein
lev1ed aball be aade and levied against the respective parcels of property
abutting upon the Hid portia of streets, hig~a, avmuea azd/ar al.lAt7s and
against. th.e OWDera ot auch prope:rty, and that such asaeeaments are r1gbt aDd
proper and eetabllebed ~etanit&la JU~Jtice am equality &Dd unrom.ity between
the reppective cnmers and respective properties, an:t b'etweea all p.rtiee con-
cerned, oonaiderina W!letita received am burdma imposed, 8¥1 further tilde that
in each case the abuttinc property aaaesasd is epecitiDaJ.ly benefitted in the
enchanced value thereof, by means of the 1mpro'Nilent in the Unit upon which tl1e
part.icUl&r property abuts, an! for which assese~~mt is lertecl, in a 8\111 in ezcesa
ot the aeaeaa.m. leviect, againet same b7 thia orcHnanoe, and turtber finds tbat
the apport.ia..nt or the cost ot the improV81Bftte 1e in accordance with the
proceeclinls heretofore taken and had with reference to such lmproveanta end is
in all reepecta valid ard recuJar.
II-A • ..,
The City COllllliaaion, from eddence considering the benefits received.
and burdens impOeed, t:lms that t.be ownera of ndlroads occuwfrw anll/or oroa~
portions ot streets,hishwfqa, av.muee and/or alleys herein named ehall p~ and
are hereby assessed the whol11 ooata ot improving, including foupdatian, extra
concrete, ties, etc., between and UDder Nlila ard traclra or sw:h rail.road
and tvo teet on outside thereof; the aU$ pqable by and chargeable· apinat
railroads and the owners thereof shall be aaseaeecl acwt th• and shall be a
superior lien on ita ~be~; ties, ran.. lixtures, ripts and tranchieee, lfhich
t.u ahall comllttte a lien 15Uper1or to an,-other lien or cla1m ucept state,
Count7 ancl Muntcipt.l. Texas.
III.
That there shall be 8Dd ia hereby levied an:l assessed against the parcela
ot propert7 and railro&de -<croasiJW or occupying at:reets, highwqs, avenues am/or aU.,.., Ml"einbelcw menti.Qned and against the real and true a.me.rs thereat •
whether sucb owners be lllt.cl correctly herein or net , the sums ot .lll0De7 below-
mentioned and itemized ahO"Nn opposite the deacription of the respective parcels ot
property am raUroade crosaq OJ' occup;ring st.:reet.a, hipqs, avenues and/or
alleys; the descriptica ot auch property and railroads, aDd several amounts
assessed against. same, and the OWners thereof, being as follows: (Rolle inserted
1D Ori«1n&l Copy of Ordi.naftce am 1n separate Ordinance Book).
IV.
That the assesam.ente so levied are tor the impro'Ye~l~Amt.s 1D the particular
Unit upon Vhich the propeJ't7 described abuts, and the aaaesamente tor the
impl'Ovementa 1n one UDit are in no 'Wise relate<l to or coanected with the illlpro,._
Mnte 1n aqy other Unit. .. aa.d in mald.Jas asHsiDI8Dts and. in holdiJI& eaid heariDc
the 8110\Ults so assessed tor improvements iD one Unit have been 1n nowise atfected.
by &IV' tact 1n aD,JWiae connected with the impi"'"ftftlent.a, or the aasesementa there-
tor, C¥r azv' other unit.
v.
11Jat the several SUJDa a~tioned assessed asainet aa14 parcele of
propert.T 1 aXJd against the real an4 true 0Wll81"8 thereof I W interest 1;bereon
at tbe rate of six (6%) per cent. per annwu, together with reasonable attornq•s
tees and cost ot collection, it incurred, are here'bJ' declared to be and made
a lieo upon the respective parcels of propert,-againet 111bicb the .,.. are
assessed, and a personal llabillt;r aD4 cbarge agairust the real aDd. true 01a1era
thereof, whether or not such owners be correct]¥ nued hereiD and. a110h lieda
ahall. be &Dil constitute the first entoroeable claim. agairult the propertT
assessed, aDd shall be a first and. paramount lien, superior to all other lieu
and claille, except State, County, an4 Mwd.clpal taxes and the 8UIU eo aaaease4
shall be pqable as fol.lowa-to-vita
In tbzree equal install•nts, the ttrat pqable on or before ten(lO)
d.qe after the ccapletioa and acceptance b7 t.he Cit.T of the improvements in
t.he Unit upon which \be particular propert7 abut.eJ the second. 1Detall•nt due
on or before one year from said elate ot completion an4 acceptance, ancl the
th1rcl iutal.latent d• oa or before two 7eare troa aaid date ot e<~~~pletion 8Jid
accept&nceJ and suoh aaseeaaenta sh&ll bear intere.t. troll the date of such
COIIlPletion and. acceptar&ce at the rate ot 6% per ammm., pqable armual.J¥ ldt.h
each inatal.lmeat, eo that upon completion u4 acceptance of t.he improvements
in a particular \ddt u .. sementa ag&inat the propert.7 abutt.iDg upon such
compleW and. accepted unit ab&ll be and. become due and pqable in such in-
atallmenta ad. with iaterost frca the 4&" ot such completion and. acceptance,
provid.ecl that UV" owner aball h&Ye the right to pq ott the entire uaeasmerat,
or UJ7 inakllment thereof, before •turity, b7 PQD8nt of prineipal. aDd accrued
illt,ereat 1 &114 pl'OYid.ed further tb&t. it default sball be made 1D the pqaent of
&IV' instal lwnt prompt,q aa the aa. ~~&turea, tben the entire aaount of the
asaeaiiUI'lt, lQ>OA which nch default is made shall, at the option ot Wan'Cl and
Purtell,. Incorporated.1_ or ita aas1gDS, be and become 111Md1ateq clue an4 payable,
and sball be collectible with reasonable attorn~•· fees and coata of collection
1t incurred.
VI.
The Cit.7 ot Lubbock sbal.l not 1A azq manner be llal:.le for the pqaeDt
ot &DY tiUU h•r•lv' aaaeased against UJT propert.7 and. the owners thereof, but
Wvren am Purtell, Incorporated, shall look aoleq to aa1d property, ancl the
owners thereof, tor the ~nt ot the auu uaeaeed. aaainst the reapectiw
parcel• of pl'OpertyJ but aaicl City sball exeDCiee all of its lawtul powera to
aiel in the enforcement and collection ot ea.1d liens and aeseaamenta 1 and 1t
detaul't s.ball. be mde in the ))a~JD8ut of &1\Y assessments collection thereof
abal.l be entorcecl either lv eale ot the propert.T by the Tax Collector and.
.Aaeeaaor ~t the Cit;r of tul:»bock as near as possible in the maan~r pl"'vided tor
VII.
ror the pvpoae ot n!d•d.Dc the aeveral ..,... aaMased agaiaat tM
Mid puooela of proJM!V, aD4 t.tt• cnawra thereof 1 and the tiM ud tU'IU ot
~~ ud to &14 1D \be eatoroe.at thereof, aaaS.cnable eerU.ticatea eb&ll
be 1uucl 'v' ~ C1tr7 ot LUbock vpoD tbe OGapl.etion ud aaoep\&Dae of t.be
wric iD each Unit ot ~t. aa tJw .me ill eucll Unit. ia ocaplet.t &Del
accepted, whiob MrtiAcatea 8ball be _.te<t tv' Ute Na;ror .t.n the aae of
\he ClV, atteatecl tv the City S.CJ:'etar7 with the oorponte seal; aD4 ahall
'be pqable to Warren an4 P\art.ell~ Incorporated, or ita aadpa, and. aball.
decl&re the uJd &MUilts and the t.1M aft4 t.eru of pqaent. aDd rate ot
illtereat aDI1 date ot "'''plat.ion and acoep\anae of t.he improNMDta tor
which ta oert.itlaate 11 iHued; &ad lh&ll oont.a1n the DAM ot t.be CMJer
aa accnarat.el.T •• poea1ble, &111 the cleaoripU.on of t.be propert, tv lot. ud
blook !Niber, or treB\ t•t tJaenot, 01' auh otJwr deaoript.ion aa _,. o\her-
'ld.M identJ.1)' t.t. ... , aDdU the aa14 prop•rt.T aball be OWDed _.aD eat.ate,
tbeD. to • at.ate the cleaor1ption thereof u eo owned aball be nt.ticient. or
U the _.. ot the cnmer be llrlkDDvD, then to eo at,ate ah&ll be .utt1o1ent,.
ud ao error or aiatake 1a 4eecribia& _, propertT, or 1n siTilts the DaM
of arrr owners,. aball: in 8l\J'WiH 1DTal1date or hapadr the au•ement. leri.ed
here. or t.-ovUtioate iu..S 1a m<lenc• thereof.
the 1&14 oert.itioat.ee lhtJ.1. further provide e\&bs1;ant.ial:q that it
detaul.t. aball be Mde ill the ~ or UV' bat.allwent ot principal 0'
ink"-' c:l\1111 ld»n, the, at. tbe option ot WaneD a Del Purtell, Incorporatecl,
01" 1U ueipe, the whole of the aaid uaeaament ed.denoed therebr &ball at
once beoaM clue &Dill pqable, aDd ahall M aollect1bl8 with nuGDUl.e
attorne7'• tHa aDS coats ot collection, it incurrect. ADd aa1d cert1t1oates
aball Mt torttl u4 mcl•c• the peraoMl llabillt-7 of the OWDere of such
propertq aDd t.he l1ea upon sucb propert.7, and ahall provide in effect. it 4.,_
tault ahall be Jlade in the ,.,__ thereof the --11&7 be eatorcecl either
tv' the Mle of tt. propert7 b7 tbe '1'ax CoUeetOJ' am uMaaor of the Cit·l'
ot wbbock, •• aboft recitect, or lV nit 1n at11 court b&Yills juriedictJ.OD.
!be aaid oertiticat.ea shall further recite in ettect. tbat all pro-
ceedioca with ntenuce to •ldna aaicl iqnoovemen'-• ban been regul.al'll' bad
1a oa.pliuce with t.l» law ill force &Dci procMdioca ot the Cit7 of Lubbock,
and t.b&t. all prereq\lialtea to tbe t1.x1Ds of the lien aDd olda of peraoaal
liab111\l' mc1enoecl b7 ncb oert;1t1eatea bave been . rqular].J done anc1 pert011184,
111bicb reoitala ab&ll be nidenoe ot t.he •t.ten and facta ao recited., and
no turt.her proof t~ot ab&ll be ~ in &IV' ooart,.
AQil tbe ed.d. o•rt.itioat•• llllir bave ooupona a\taohecl thereto 1D eT14ence
ot e&oh or &fiT ot the eneral. 1Datel1Mntl t.hereot, or t.hq ~ baft coupou
for each ot the first tow inAst.allMnt.81 l•viQa the Jll&in cert.iticat.e tor the
tldrd..
ADd the l&1cl aer\it1ca\ea shall tvther provide in eff'eet that the
Ci~ ot .Lubboolc ·ab&ll exerci" .U ot ita lawful powers, when requ.eated eo
to clo 1:v \be holder ot 1&14 oortiticat.ea, to aid in the entorc-.nt. and
coUeatiOil tlwreot 1 aDd. aaid oert.itioatee DUll' contain other ad 1\U"t.her
recit.ala ~rt.iaea.t and appropriate theret-o. It ab&ll. net be neceeaaJ7 that.
Aiel oeniticatee fball be ill t.be exact to:ra •• above aet torth, wt tM
INbe~ aDil effect tMreot ahall ntt1oe.
1'III.
fbi un•-nta l.niecl b,r ~ ord1__. tor the iJDpi"''t'Dcta 1n
eaoh Unit are altogetMI" aeparate &llCl diat.ioot .cr. uaeaBMnte 1ft eaoh aDd
•'VWJ' otber Uld.\. Tile uMa.-nt.a tor ~rov .... ta 1a oae UD1t are 1D no-
viae atteo\e4 l:r the impro'f'IMIIta in or t.be uaeaa.nta lmed tor the
illpi"OftMiate in UO" other wdt, aDCl in •ldng ancl leviDI uaeamea\a tM
ooat of t.be ~t.e ill each Unit., \be benetit.a 'v' IDIIaU ot tu illprne-
Mnta, &Dd aU o\her •ttara ar.d t.biac• wlt.h reference to t.he illprovcent.
1a aaoh Unit., haw been coaatdaNCl, aDd cletel'llined altoptheP without re-
tercoe to U¥ nab Mtten 1D azq other wdt., aDd. t.he a.iaaion ot t.be
~· ill uv wut. eb&ll in nowiee a.tteot or impair the ftllcSity ot
a.eaee8Mil\e tor the improftMnt& in ..,. otber Uldt. 1'be ollisaioll of !Jnprow-
--.. in aliT ~cul.al' \JDlt. iD tJoaat. ot UV' ~ a..p\ ti'Oa tbe lie
ot noh -·•--• ab&ll. ill AOV1ae attect. or '•Sr tbe ftU.41t,-ot uaeaa-..ata 11a1ut other proper~;,-1n tbat uait.,
II.
IIo lllatake 1 error 1 1Dftl141\7, or irrepl&r1t.7 ill t;he zaau ot a:lfl
pr~ CJVDer; or the 4eeorJ,pt.1on ot &IV' property 1 or the .-unt ot &IV'
uae-nt, or ill UV' o\ber •tter or t.~, eball. iD _,viae 1Dftl.14ate
o~ ,..,.,,. UIT .... .-at lm..t .... _. "'-, cei'Utiu.te s-.t, aad _,
ncb aia'-ke, error, ilanl1di\7, or irreplar.lt,-, ather in ......... _
•nt. or in t.he oartitioak iened 1D evicleraoe thereof 1 _,. be oorrectecl
at a:lfl t.S.. tr ibe 01\7.
x.
AU aaaea .. nte levied are a peraoDal liability aDd eharp qaiDat.
tbe Nal ud t.I'M OWMre of t.be preal•• cleacribecl DOt~~ nch
owaen 11q DO\ be ....-, Ol" asv be illcorrecu,-~.
Puaec:t an4 aJ>Pl"'""Cl b!r """"'mu "" ot the Ci\7 p.iaaion tb1a
the lDth ca.,. of hll , 1952,
PuMCl aDd approwd -. qnani wou wte of the C1\T C4wfti HiOil tbia
t.be 24\h dq ot iul.T • 19S2·
Paaaecl ADd approved br unuiaoua wte of the Cit., CciBiaeion t.hie
the J4». dq ot AWC!lQ 1 19S2.
It/ N!arr!ll. a. tripp
lllarNll. ft, tripp, iiilOr
Approndc
w. L Bo1Mt '"