HomeMy WebLinkAboutOrdinance - 1038-1950 - Leving Assessments For Part Of Cost Of Improving Elgin Ave. And Other Streets - 10/28/1950GWO 57·?.
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\I -0.9-1.956 \ L-2-2 -l.98() ORDINANCE NO. · l03S
AN ORDINANCE CLOSIIJG HEARING AtlD LEVYING ASSESSMENTS FOR A PART
OF THE COST OF I~lPROVING A PORTION OF ELGIN AVENUE, 35TH STREE'l',
DUKE STREET, FCltDHAM·STREET, AKROU AVENUE; DARTMOUTH STREET, 21ST
STREET, 1ST S'l'RbET, 39TH STREE.'T, AMHERST STRE:r;T, 3~H STREET, 3JRD
STHEET, ELM AVENUE, JUNIPEJ;t. AVLNUE, EAST 28TH STREET., JOLIET AVENUE, 32ND STRE~T, 7TH STREET, TIDU\S AVLNUE, KNOXVILLE AVENUE, BATES ST~ET,
40TH STR.GET, A VENUE X, A VENUE U, 2ND STUEET 1 A VENUE B, A VENUE C, A
: 'PORTI0tl OF ALLEY IN BLOCK 2 1 DUPREE ADDITION 1 SUCH PORTIONS BEING 1\.~0Jt~ ~r;.{RTIQULARLY DESCRI8'ED IN THE PAVING ASSESSMENTS OF THE CITY OF
LUBBOCK ATTACHI!:D HERETO AND MA DE A PART HEREOF AND PORTIONS OF SUNDRY
OTHER . STRE~'TS, A VENUES AND ALLEYS IN THE CITY OF LUBBOCK, AND PROVI-
DING FOI{ 'l'HE COLLECTION OF SUCH ASSESSl\llENTS, AND FOR THE ISSUANCE OF ASSIGNABLE CERTIFICATES IN EVIDENCE THEREOF.
WHEREAS 1 the City of Lubbock has heretofore ordered that the
hereinbelow mentioned portions or streets! avenues, and/or allers be improved by raising, grading, and fill ng and paving and by n•
stalling concrete curbs and gutters and drains where necessary on
Unit Numbers 107?, 1078, 10791 1080, 1081~ 1082, 1088, 1089, 1091,
1092, 1093, 1094, 1095, 1096. 1097, 1098, 1099, 1100, 1101, 1102,
1103, 1104, 1106, 1107, 1108, 1109, 1110! 1111, 1112, lllJ! 1114, 111~~ 1116, 1117, lllS, lll9•A, 1120~ 11~1, 1122, 1125, 11~6, and
A-29~, the paving to be of quadruple course asphalt surface treat-
ment {penetrati~:m typ~} pp six {.6) inch compatted caliche base for
street paving and' a five .. (~) incp concrete slab for alley paving,
together with necess·a:r:y ;in·¢1de~ta.l·s and appurtenances, all t:ls provi-
ded in the specifications prepared by the City Engineer, no1.r on' file
\'lith said city; and arrangement for making and c on struction o£· such improvements and contracts was entered with \'larren and Purtell, Inc.,
said streets, avenues, and alleys being a s follows, to-\·Tit :
Elgin Avenue frotn its intersection with the South :Paving Line of
34th Street to its intersection \1Jith the North il"operty l.ine or. 36th
Street; known and designated as Unit Number 1077.
Elgin Avenue from its intersection with the South Property Line of 36th Street to .its intersection with the North Property Line of 39th
Street; kno\m and designated as Unit Number 1078.
Elgin Avenue from its intersection with the South Property Line o£
39th Street to its 1nterse¢tion with the liORth Property Line of 40th
Street; l<rtown and designated as UNit Number 1079.
35th Str~et from. its intersection with the ~Jest Property Line of
Avenue K to its intersection with the West Property Line of Avenue J;
known and designated as Unit Number 1080.
Duke St:reet from its intersection with the \lest Property Line o£
· Gary Avenue to its intersection with the West Property Line of Flint
Avenue; known and designated as Unit Number 1081.
. ..
Ford:hazn. Str-eet · £rom its· inte~section 'o/.~-t;.~h~;~!\~:l,Q·~~~~iP:~o_p:ert~· Line of Gary Avenue to. its intersectlon with t'he ~st· Ppop:erty L.~n~: of Flint
\ .. ., Avenue; known and. designated as Unit Number 1082. · ·
Akron Avonue £rom .its intersection with the N,orth Property Line of
2nd Street to its intersection with the South Property Line of lst
Place; known and designated as Unit Number lOSS.
Dartmouth Street from its intersection with the West Property Line
of Canton Avenue to its in~ersection with the West Property Line of
Detroit avenue, known and d~signated as Unit Number lOB9.
_ .. ?f:~t. "S.t:rfe_t. ~rom its inte~sect~on with the East Pr9pe:t-y Line (£ . ~,ven\l~t,,Qf~to: ±ts intersect1on WJ.th the West Property LJ.ne o£ the alley ~·~~v/~ijn :j\\ven\te 0 and Avenue N; known and designated as Unit Number
l09.l' '(' ~··· . . ' . . ~ ( . . . •, . f .. f.~"":~ .. 1·: ',·· _: ~:. ;~. "t.·~:. :~~:-~· ·-: .. r ~~~·~· ls~ Street fro in· .:Lt_s · iftf{~r;sfi:cti"oii wi~I\ the west 'Property Line of
Hartford Avem;a~· to ~ts · .inters·ec'tion \iith the West Gutter Line of
Indiana Avenue·; knewn an<;J;. d~signat·~d as Unit Number 1092,
39th sTreet £rom. its inter-section l-lith the East Property Line of College Avenue to its intersection with the East Property Line of
Avenue X; known and designated as Unit Number 1093.
Amherst Street from its intersection with the East Property Line of
Indiana. Av~nue to its intersection with the East Property ~Line of
Hartford A Venue ; .knol~. an~t desigt?ftt~(i as Unit Number 1094.
38th Street f;o~ :lts;"ttit·;;s~~t~o~ wit.h the East Property Line of
Avenue U to its· inte;:'s~ct~on. wit:h t·he East Property Line of Jarrett
Addiyion; knovm and designated' as ·unit Nup1ber 1095.
35th street f~zn :{is~; ~nt~rse~t·*~~ :,~ith the East Property Line of
Avenue A to if;s i.iiter.sedti<:>n w,:Jt. h the East Property Line o£ Elm Ave•
nue; l<nown and designated a'o Unit Number 1096.
33rd Street from its intersection with the' West Property Line of
Joliet Avenue to its intersection with the West Property Line of
Knoxville Avenue; known and designated'ae .Unit Uumber 1097.
' Elm Avenue from its intersection with the South Property ,Line of
East 28th Street to its inters~etion with the South Property Line
of East 26th Street; known and designated· as· Unit Number ,l09g.
Jnniper Avenu~,~-t;~oflV}·~., ... :i~t_.er_se'\tion ·!lith the West Paving Line of Railroad Aven'@i· ·;.fJO ·:t:ts· intersection· WJ.th the South Property Line of
East 28th Street, known and designated as Unit Number 1099.
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-'East 28th Street from its intersection with the East Property Line
of Cedar -1lvenue to ,its intersection !:lith the west ProfS rty Line of
Date Avenue; known and designated as Unit Number 1100.
East 28th Street from its intersection with the East Property Line
of Date Avenue to its intersection with the West Property Line of
Elm Avenue~ known and desienated as Unit Number 1~01.
East 28th Street from its intersection with the East~Property Line of
Elm Avenue to its intersection with the r~st Property Line of Fir
Avenue; known and designated as UNit· Number 1102.
J East 28th Street from its intersection with the East Property Line o£
Fir Avenue to its intersection with the \lest Property Line of Juniper
Avenue; known and designated as Unit Number llOJ.
East 2Bth Street from its intersection with the East Property Line of
Juniper Avenue to the West Paving Line of Railroad Avenue; known and
designated as Unit Number 1104.
Joliet Avenue from its intersection with the North Property Line of
J2nd Street to its intersection with the South Property Line of 31st
Street; known and designated as Unit Number 1106.
)2nd Street from 1 ts intersection w:it h the West Property Line of
Knoxvill$ Avenue to its intersection with the West Property Line of
Indiana Avenue; known and designated as Unit Number 1107.
Leaveout at 180.) 7th Street; known and designated as Unit Number uoe.
Leaveout at 2707 Texas Avenue; known and designated as Unit Number
1109.
Knoxville Avenue from its intersection with the SoUGh Property Line
of 19th Street to its intersection with the Nortb Property Line of
20th Street; known and designated as Unit Number 1110.
Knoxville Avenue from its intersectiAn ltl·~t'h .~n:e· .$.!fut.h •rpper,ty Line
of 20th Street to its inte~section with ~h~ No~n ·froperty .~ne of
21st Street l known and des1gnated as Un.il:t 'Numb~r· 'lllll•·
Knoxville Avenue from its intersection ~ith the South Pr¢perty Line
o! 21st Street to ita intersection with the North PROperty Line of
22nd Street; known and designated as UNit Number 1112.
Knoxville Avenue from its intersection with the South Property Line
of 22nd Street to its intersection with the 'North Property Line of
22nd Place; kno'tfll and designated as Unit Number 111.3 ..
_,#
Knoxville Avenue !rom its intersection with the South Property Line
of' 22nd Place to its intersection with the North froperty LINe of
2)rd Street; known and designated as Unit Number 1114.
Knoxville Avenue from its intersection with the South Property Line
of 23rd Street to it~ intersection wi~h the North Property Line of
24th Street; known and designated as Unit Number 1115.
Knoxville Avenue £rom ~ts intersection with the South Property Line
of 24th Street to its intersection with tne North Property Line of
25th Stree~; known and designated .. as Unit Number 1116 • .
Knoxville Avenue from its intersection with the South Property Line
of 25th street to its intersection with the North Property Line or
26th Street; known and desiznated as Unit Number 1117.
..
. l
Bates Street .from its-intersection with-the East-Property Line of Elgi~ Avenue ~t.Q ... :~t.·:~;:!·~:zit:er.S..e~t;.£Q.:P:.:l:;4th the East Property Line of De·
troit· Avenue; k:notom and de~·$gnated aa Unit !lumber· 1118.
40th Street from its intersecti on with the west Property Line of Avenue T ·to its intersection with the EAst Property Line of Avenues;
known and designated as Unit Number 1119-A.
Avenue X from its intersection with the South Property Line of 37th
Street to its intersection with the North Property Line of )8th Street
kno\10 and designated as Unit Number 1120.
Avenue U from its intersection with the North Property Line of 38th
Street to. ita ~n.~~rse.cti<;m wit.h. 1the ·South Property Line ,of 37th Street known and des$gr;u~~ed a~ Unit. N.\l!ll'H~:t-;.1.121.
2nd Stl"eet from its intersect"-±on with the East Property Line of Boston
Avenue to its interse·ct·ion with the J;:ast Property Line of Akron Avenue
known and designat.ed as Unit Number 1122.
Avenue B from its 1.ntersection \'lith the South Paving Line of 34th
Street to .its intersection with the south Property Lin~ of 36th Street
known and designated as Unit Number 1125.
Avenue C from its intersection with the South Paving Line of 34th
Street to its intersection with the South Property Line of 36th Street
known and designated as Unit Number 1126.
The Not>th•South Alley in Block 2, Dupree Addition from its interaec•
tion with the North Gutter Line of 23rd Street to its intersection
\'Tith the South Property Line of the East-West Alley in the aame block;
~no\'m and designated as Unit Number A-294.
WHEREAs. the ~ity Engineer prepa red rolls or statements £or
the improvements in each Unitt s howing the amounts to be assessed
against the various parcels or abutting property, and the owners
thereof, and showing other matters and things, and the same were
examined by the ~city Commission and approved, and a .time and place
t~as fixed for a hearing to the ot-mers of. sucfi_ 'abt;tt·t~ng-p_r.operty 1 and
to all others in any wise interested, a(l<i due·· and\ pr.oper.-notice was
given1 and such hearing was had and held ~t't.pe time·.·a.nd: -~lace fixed
therel:or, to•wit on the 27th day o£ October, A. :u., 1950 at 1:.30 P.I·l.
in the Commission Room in the City o£ Lubbock, Texas1 ahd at such
hearing all desiring to be heard were fully and tairJ.y 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 refer~nce to such
matters, and the following protests were made concerning the im~rove
ments in the units indicated namely: None.
And all 9bjections and protests made were fully considered and
said hearing was continued from day t .o day and from time to time
urttil this date, and the City Commission 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 conside-
ration, and having fully considered all of the evidence, and all per-
tinent and proper matters is o£ opinion that the following disposition
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should be made of such protests and objections, and that assessments
should be made as herein ordained.
THEREFORE, BE IT ORDAINED BY THE CITY CO~~liSSION OF THE CITY
OF LUBBOCK, TEXAS :
1.
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 of said Units, is hereby
closed !I
11.
The City Commission, from the evidence finds that the assess•
menta herein levied shall be made and levied against the respective
parcels of property abutting upon the said portions of streets and
alleys, and avenues 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, consid~
ring benefits received and burdens imposed, and further finds that in
each case the abutting property assessed is specially benefitted in
the enhanced value thereof, by means of the improvement in the Unit
upon which the particular property wuts, ani tor which assessment is
levied, in a sum in excess of the assessment levied, against same by
this ordinance, and further finds that the apportionment of the cost
of the improvements is in accordance with the proceedings heretofore
taken and had with reference to such improvements and is in all res•
pects valid and regular.
ll•A
The City Commission, from evidence considering the benefits
received and burdens imposed* find s that the o~mers of railroads
occupying and/or crossing portions of stre~ts hercin·named shall pay
and are hereby assessed the whole costs of improving, including foun-
dat~on, 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 as-
sessed against them and shall be a ~uperior lien on i~s roadbed, ties,
rails, fixture~,··• rigp;;.ts ~d $:rancht.ses, which tax shall constitute a
lien superior ~~9. ~atry :o;€}1er l..ittfl or clal.m except State, County, and
Municipal Taxes:~·~-. · . · · . . l't-
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. .. . ,. ' Tha.t theref Slf~'lil be· attd ~-~. her~'by levied and assess!d against
the ~arc.els of propep.ty and r~l.lroads· cro~sing or occupy1.ng streets,
here1.nbelow mentioned and against the real and true owners thereof,
whether such owners be correctly h.erein or not, the sums of money
below mentioned and itemi~ed shown opposite the description of the
respective parcels of property and railroads crossing or occupying
streets; the descriptions of such property and railroadst and seve-
ral amounts assessed against same, and the Owners the:r;-eo1·, being as
folloW§: ~· t enl ilt@@;• srptr·~•f Q3rtlt~e{:.anti· -~' , ~· . a~a~~PdiBD~g~ oo • ~ --·~~y
:tv.
That the assessments so levied are for the imp~ovements in the
particular Unit upon wh Lch .the property described abuts, artd the
assessments for the improvanents in one Unit are in no wise related
to or connected with the i~provements in any other Unit, and in
making assessments and in holding said hearing the amounts so assessed
for improvements in one Unit have been in nowise affected by any fact
in any wise connected with the improvements, or the assessments
therefor, or any other unit.
v.
That the several sums above mentioned assessed against said ·
parcels of property, and against tre real and true owners thereat,
and interest th$reon at the rate of six (6%) per cent per annum,·
tog~ther with reasonable attorney's fees and costs of collection,
if incurred. are hereby_ declare~ to be and made a lien upon the·res-
pecti v~ pare~ I~~ of prope~ty: -aga'ins~t ,-.t'lhich the same are assessed, and
a personal l~b.i'li:t'y and ·ch_arge ·agatnst the real and true owners thereof, whetner ot not such O\iners.be correctly named herein and
such liens shall be and c·onstitut.-e the first enforceable claim against
the property assessed, and stall be· a first and paramount lien, sup-
erior to all ot.her liens and claims, except State, County and Munici-
pal taxes. and the sums so assessed shall be payable a s follows, to-wit:
{a) The entire amou~ts assessed against and to be paid by rail•
ways and street railways for work between rails and tracks and two
feet on each side thereo£ shall be paid on estimates or statements
on or before ten days after completion and acceptance by the City
Commission of the improvements in the Unit in which the railway lies,
an~ shall bear interest from date due until paid at the rate of six (6%) per cent per annum.
(b) The amount assessed against and to be paid by the abutting
property and the owners thereof shall be payable in three equal in-
stallments, the firs~ payable on or be~or~ ten (10) days after the
completion and acceptance by the City of the improvements in the Unit
upon which the particular property abuts; the second installment due
on or before one yoar from sa:o.d 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 S\.l~h completion and acceptance at the rate of six (6%) per cent per annum. payable afu~ually with each installment, so
that upon co~pletion and acceptance of the improvements in a particu-
lar unit aSsfil;ssrrt~nt.$·:~ga:~~jt the px:ooperty abutting upon such completed
and accepted un··Jit .~s~;u ~·be --arid \:>~dome due and payable in such in-
stallments . and with intelrest from the date of such completion and
a.cceptanee, prQVided that any owner shall have the rignt to pay off
the entire a~.sessment, or any in$tallment thereof, before maturity,
by payment _or prino1pal and accrued interest, and provided further
that if default shall be made 1n the payment of any installment
promptly as the same matures, then the entire amount of the assess-
ment, upon which such default is made e?hall, a t the option of Harren
and Purtellt Inc.i or its assigns, be and become immediately due and
payable, an~ shal 1be collectible.with reasonable attorney's fe4s
~na costs of collection if incurred,
The City of Lubbock shall not in any manner be liable for the
payment of any sums hereby · assessed agai-nst any, property and the
owners thereof, but Warren and Purtell, Inc. 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 potTers to aid in the enforcement
and collection of said liens and assessments, and it 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 nonpayment of ~~ v~lorem ·
taxes., or at the option of \varren and PUI-t·ell\;~ :r:nc. ;'f<•P:r~~£t~f3 ·· ~ssigns,
payment of said sums shall be enforced oy su;Ct-.in ~·ny· court Jhaving
jurisdiction.
VII"•
For the purpose of evidencing th~ aeve;rai sfurils a.~sess·ed: against
the said parcels of property, and the owners thereof, ahd th.e time and terms of payment, a nd to aid 'in tl~ enforcement thereof, assign-
able certificates shall be issued by the City of Lubbock upon the
coQpletion and a cceptance of the work i.n each Unit of improvement as
the work ·in such Unit is completed and accepted, which·certificates
shall be executed by tho Mayor in the name of the City, attested by
the City Secretary with the corporate seal, and shall be payable to
Warren and Pur.tell, Inc., 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 improvenents for which the
ce!·tificate 1.s 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 o~med by an estate, then to so state the description thereof as
so owned sha 11 be suf'fi,cient or if the name of the O\mer be unknown,
then to so state shall be sufficient, and no error or mistake in
describing. any property~ or in,giving the name of aqy O\~ers, ohall
in any wise tnvalidate or impair the assessment levied hereby or the '
certificate issued in evidence thereof.
The said certificates sha~l .furt~er; pp~vide .. suJ;>;;tant~alJ,.y that
if default shall be made in the payment ··or· any ·.:tnsl1alJme.nt: of ·prin•
cipal or interest due, tlhen, then,_ at the .optio~ ·of ~{firran and Purtell;
Inc~ , or its assign•• the whole o1· the sa-!d a'ssessment evidenced
thereby shall at once beeome due ~t~d payabl.e,· and shall be ·collec-
tible with reasonable attorney's fee.~ and costs of colle:ction, if
incurred. And said -certificates shall set forth and evidence the
personal "iabilit y of the owners of such property and the ·lien upon
such property, and shall provide in effect. il' de.fault· shall be made
in the payment th~reof the same may be enforced either ,by the sale
of the property by the Tax Collector and Assessor of the City of
Lubbock, as above recited, or by suit in any court having jurisdi(;·
tion. ~
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The said certificates shall further recite in -effect ~that all
proceedings i'lith-reference to-making said improvement s ha ve been
r egulurl:y-had in compliance with the Jl:a:ti-.·j:Ji·,'~§i}c_e;,.;a.p~--:Ef.'b'c:e~e:Slings
of the CJ.ty of Lubbock ) and that all p~rt~lequi·slt<ls~ to ·t,.Jte fixing
of the lien and clairn of personal liability. e\T.~,denced by such cer-
tificates have been regularly done and pcrfo~ed; which recitals
shall be evidenced of the matters and facts so recited, and no fur-
ther proof thereo~ shall be required in any court.
And the sa id certificat es mny have coupons attached thereto
in evidence of each or any of t he several installments thereof~ or
they may have coupons for each of the first two installments, leaving
the main certificate for the third. :. :·-~~~-~ ~ ~-·{,;.~:.\ f).~,:~~i.~~~?~r .... y.;~~:-~
And the said ·cernU~c1tte'$ .. ,§halV.(further provide i n effect that
the City of Lubbock _sha:J.l exerc-ise all of its la\iful powers, when
requested so to do by th~ hol:de.r of said certificates, to aid in the
enforcement and .collection thex-eof, &nd said certificate may contain
other and further recital·s per,tinent and appropriate thereto. It
shall not be neces.sary 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 as-
sessments levied for the improvements in any other unit, an~ in making
and levying assessments the cost of the improvements in each Unit,
the bem£1ts by means of the impr~vement s, 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, a nd t he 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 the certificat issued in evidence
thereof, may be corrected or at any time by the City.
x •
All assessments levied are a personal liability and charge
against. the real and true owners or the premises described notwith-
standing such owners may not be named, or any be incorrectly named.
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Passed and approved by unanimous vote of the City Commission
this the ~Bta da y of octohpt , 1950.
Passed and a pproved by unanimous vote o£ the City Cornmi ssion
this the 9th day of November , 1950,
Passed and approved by unanimous vote of the City Commission this the
22nd day of November , 1950.
Q}ar ence K. White side
Mayor
AT'l'EST:
Laveni a Lowe
City Secretary
S etary l,1ty of ...... ubbock, '.1'exas, h ereby
I, Lavenia ~awe , City ecr " ,
cerity that the above and fol'eaoing is a true and correct copy
of Ordinance No. 1038 as passed by the City Commission on the
dates shown above and of recbrd in the records of the ~ity
Commission of the ~ity of Lubbock. 1'exas.
This 22nd day of November, 1950.
(Seal)