HomeMy WebLinkAboutOrdinance - 4971-1966 - Levy Assessment For Part Of Cost Improving Portion N-S Overton Addition - 03/31/1966GWO 2906
ORDINANCE NO.4971
AN ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR A PART OF THE
COST OF IMPROVING A PORTION OF THE NORTH -SOUTH AND EAST -WEST ALLEYS LOCATED IN THE
FOLLOWING BLOCKS AND ADDITIONS - BLOCK 64, OVERTON ADDITION, BLOCK 114, OVERTON
ADDITION, BLOCK 23, OVERTON ADDITION, BLOCK 1, E. K. HUFSTEDLER ADDITION, BLOCK 2
AND 4, FLYNN PLACE ADDITION, BLOCK 1, BERRY ADDITION, REVISED'SUBDIVISION OF TRACTS
11 THROUGH 23 OF STUBBS SUBDIVISION, SNELL ADDITION, BLOCK 1, C. C. HARKEY
SUBDIVISION, RE -PLAT OF PART OF BLOCKS 5 AND 6, MCLARTY`S CIRCLE VIEW ADDITION,
BLOCK 2, MCAFEE HEIGHTS ADDITION, KASTMAN HEIGHTS, BLOCK 4, ROBERSON ADDITION,
BLOCK 2, COLLEGE HEIGHTS ADDITION, BLOCK 3, WALDEN SUBDIVISION, BLOCK 6, COWAN
ADDITION, BLOCK 2, REEDER SUBDIVISION, BLOCK 2, MURPHY PLACE ADDITION, JIM FLOYD
ADDITION, BLOCK 167, ORIGINAL TOWN ADDITION, BLOCK 1, MERRILLS ADDITION, 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
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.
WHEREAS, the City of Lubbock, a Home Rule Municipality, has heretofore
ordered that the hereinbelow mentioned portions of 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 4, 6, 7, 9, 10, 12, 13, 14, 15, 16,
17, 18, 20, 21, 22, 23, 24, 25, 26 and 27 of Unit Number A-384 and on Sub -Unit
Number 1 and 2 of Unit Number A-385, the paving to be of reinforced concrete slab,
five (5") inches in thickness and a minimum of ten (10) foot 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 construction of such improvements and contract was entered into
with T. J. Hodges, Inc., said portions being as follows, to -wit:
The herein described property, the South 78.70 feet of Lots 7, 8, 9, 10, 11, 12
and all of Lots 13, 14, 15, 16, 17, 18, Block 64, Overton Addition is hereby
assessed; said property abuts the East-West alley between 4th Street and 5th Street
and from 12.00 feet West of the East Property Line of Avenue W to 300.00 feet East
of the East Property Line of Avenue W. known and designated as Sub -Unit Number 4 of
Unit Number A-384.
The herein described property, Lots 1, 2, 3, 4, 5, 6, 7, 8, and the East 1%2 of
Lets 9 and 10, Block 114, Overton Addition is hereby assessed; said property abuts
the North -South alley between Avenue Q and Avenue R and from 14.00 feet South of
the North Property Line of 9th Street to 14.00 feet North of the South Property
Line of 8th Street, known and designated as Sub -Unit Number 6 of Unit Number A-384.
The herein described property, Lots 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 16, 19,
Block 23, Overton Addition is hereby assessed; said property abuts the East-West
alley between 14th Street and 15th Street and from 12.00 feet West of the East
Property Line of Avenue T to 400.00 feet East of the East Property Line of
Avenue T, known and designated as Sub -Unit Number 7 of Unit Number A-384.
IN
The herein described property, the East 135.00 feet of Block 1, E. K. Hufstedler
Addition and the property described by metes and bounds as follows: Beginning at a
point which is 150 feet West of the Southeast corner of Block 1, E. K. Hufstedler
Addition; Thence West 150 feet; Thence North 280 feet; Thence East 150 feet; Thence
South 280 feet to the place of beginning is hereby assessed; said property abuts
the North -South alley between Avenue H and Avenue J and from 9.00 feet North of the
South Property Line of 30th Street to 12.00 feet South of the North Property Line
of 31st Street, known and designated as Sub -Unit Number 9 of Unit Number A-384.
The herein described property, Lot 1 and the North 55.00 feet of Lot 2, the South
one (1) foot of Lot 2, the North 40.00 feet of Lot 3, the South 16.00 feet of Lot 3,
all of Lots 4, 5, 6, 23, Block 2, Flynn Place is hereby assessed; said property
abuts the North -South alley between Avenue H and Avenue J and from 12.00 feet
North of the South Property Line of 31st Street to 12.00 feet South of the North
Property Line of 32nd Street, known and designated as Sub -Unit Number 10 of Unit
Number A-384.
The herein described property, Lots 1, 2, 3, 4, the North 22.70 feet of Lot 5, all
of Lot 6 and the North 99.20 feet of Lot 23, Block 4, Flynn Place Addition is hereby
assessed; said property abuts the North -South alley between Avenue H and Avenue J
and from 12.00 feet North of the South Property Line of 32nd Street to 12.00 feet
South of the North Property Line of 33rd Street, known and designated as Sub -Unit
Dumber 12 of Unit Number A-384.
The herein described property, Lots 1, 2, 3, 4, 5, 6, 7,8, 9, Block 1, Berry
Addition is hereby assessed; said property abuts the East-West alley between East
34th Street and East 35th Street and from the East Property Line of Elm Avenue
to the West Property Line of Globe Avenue, known and designated as Sub -Unit
Number 13 of Unit Number A-384.
The herein described property, Lots 4, 5, 6, 7, 8, 9, 10, 11, 12, 14, 15, the
North 40.00 feet of Lot 16, the South 60.00 feet of the North 100.00 feet of Lot
16, the South 50.00 feet of Lot 16, Lot 17 less the South 13.00 feet thereof,
Lot 18-A a re -subdivision of Part of Lot 18, Lot 18-B a re -subdivision of Part of
Lot 18, Lots 23, 24, 27 of the "Revised Subdivision of Tracts 11 through 23, of
Stubbs Subdivision" and the property described by metes and bounds as follows:
Beginning at the Southwest corner of Lot 19 of the "Revised Subdivision of Tracts
11 through 23 of Stubbs Subdivision; Thence North 121 feet; Thence East 127.5 feet;
Thence Southwesterly along the West Line of an alley a distance of 129.10 feet;
Thence West 82.5 feet to the place of beginning is hereby assessed; said property
abuts the North -South alley between Avenue Q and Avenue R and from the North
Property Line of 38th Street to 22.50 feet South of the North Property Line of the
East-West alley South of 34th Street, known and designated as Sub -Unit Number 14 of
Unit Number A-384.
The herein described property, Lot 1, Snell Addition and Lot 6, Block 1, C. C.
Harkey Subdivision is hereby assessed; said property abuts the North -South alley
between Avenue S and Avenue Q and from 17.00 feet South of the North Property Line
of 50th Street to the South Property Line of 49th Street (West Leg), known and
designated as Sub -Unit Number 15 of Unit Number A-384.
The herein described property, Lots 6, 8, 9, C. C. Harkey Subdivision is hereby
assessed; said property abuts the East-West alley between 49th Street and 50th
Street and from the East Property Line of Avenue S to 2.50 feet West of the West
Property Line of the North -South alley West of Avenue Q, known and designated
as Sub -Unit Number 16 of Unit Number A-384.rThe herein described property,
.'_described Tjmetes and —bounds as follows: The following described property less
the West 30 feet thereof: Lot C, less the East 125.00 feet plus that portion of a
cul de sac lying East of the center line of Avenue N, all being in McLartyts
Circle View Addition to the City of Lubbock, Lubbock County, Texas, described by
metes and bounds as follows: Beginning at a -point which bears South 80037' West
125.00 feet from the Southeast corner of Lot C (Re -Plat of Lots 1 through 7, Block
5 and Lots I through 9, Block 6) McLarty's Circle View Addition; Thence South
80 0 37' West 1055 00 feet; Thence north 190.09 feet to the Northwest corner of Lot C;
Thence North 66 35' East 31.73 feet to a point of curvature in the North line of
Lot C; Thence around a curve to the right having a radius of 406.24 feet, delta
angle of 6 0 15'44" and a curve distance of 44.40 feet; Thence South 9023' East a
distance of 203.69 feet to the place of beginning and the West 80.00 feet of the
East 125.00 feet of Lot C, (Re -plat of Lots 1 through 7, Block 5, and Lots 1 through,
9, Block 6) McLarty's Circle View Addition to the City of Lubbock, Lubbock County,
Texas., and the East 45.00 feet of Lot C and the West 122.00 feet of Lot D, (Re -plat'
of Lots I through 7, Block 5, and Lots 1 through 9, Block 6) McLarty's Circle View
Addition to the City of Lubbock, Lubbock County, Texas, and the West 72.00 feet of
the East 78.00 feet of Lot D, (Re -plat of Lots I through 7, Block 5, and Lots I
through 9, Block 6), McLartyts Circle View Addition and the East 6.00 feet of
Lot D and all of Lot E (Re -Plat of Lots I through 7, Block 5, and Lots I through
9, Block 6) McLarty's Circle View Addition is hereby assessed; said property abuts
the East-West alley between 65th Drive and 65th Street and from the West Property
Line of Avenue L to the East Property Line of Avenue N (South Leg), known and
designated as Sub -Unit Number 17 of Unit Number A-384.
The herein described property, Lots 1-.A, 2-A, 3-A, 4-A, 5-A, 6-A, (Re -Plat of Lots
1 through 7, Block 5, and Lots 1 through 9, Block 6) McLarty's Circle View
Addition and the property described by metes and bounds as follows: Beginning at a
point which bears South 80 0 37' West a distance of 27.42 feet from the Southeast
corner of Lot 2-A (Re -plat of Lots I through 7, Block 5, and Lots I through 9,
Block 6 McLarty's Circle View Addition; Thence South 800 37' West 20 feet; Thence
North 9 23' West 20 feet; Thence North 800 37' East 20 feet; Thence South 90 23' East!
20 feet to the place of beginning and Lot B, and that part of a cul de sac lying
West of center line of Avenue N, all being in McLarty's Circle View Addition to the
City of Lubbock, Lubbock County, Texas, described by metes and bounds as follows:
Beginning at the Southwest corner of Lot B, (Re -plat of Lots 1 through 7, Blo8k 5,
and Lots 1 through 9, Block 6) McLarty's Circle View Addition; Thence North 9 23'
West 160.00 feet to the Northwest corner of Lot B; Thence around a curve to the
left, same being the North line of Lot B, said curve having a radius of 609.36 feet,'I
delta angle of 14 0 02t, tangent lengths of 75.00 fee8, and a curve distance of
149.24 feet to a point of tangency; Thence North 66 351 East 38 6 82 feet to the North;
east corner of Lot B; Thence South 190.09 feet; Thence South 80 37' West 154.43 feet!
to the place of beginning and the West 30 feet of the following described property:
Lot C, less the East 125.00 feet plus that portion of a cul de sac lying East of
the center line of Avenue N. all being in McLarty's Circle View Addition to the
City of Lubbock, Lubbock County, Texas, described by metes and bounds as follows:
Beginning at a point which bears South 800371 West 125.00 feet from the Southeast
corner of Lot C (Replat of Lots I through 7, Block 5, and Lots I through 9, Block 6)1
McLarty's Circle View Addition; Thence South 80037' West 105.00 feet; Thence North
190.09 feet to the Northwest corner of Lot C; Thence North 66o 35 East 31.73 feet
Ck
to a point of curvature in the Nort
right having a radius of 406.g4 fee
of 44.40 feet; Thence South 9 23' E
beginning is hereby assessed; said
65th Drive and 65th Street and from
to the East Property Line of Avenue
of Unit Number A-384.
line of Lot C; Thence around a curve to the
delta angle of 6015'44" and a curve distance
st a distance of 203.69 feet to the place of
property abuts the East-West alley between
the East Property Line of Avenue N (South Leg)
P. known and designated as Sub -Unit Number 18
The herein described property, the West 100.00 feet of Lot 5 and the East 134.00
feet of Lot 5, Block 2, McAfee Heights, Lot 19, Kastman Heights and the property
described by metes and bounds as follows: Beginning at the Northwest corner of
Lot 19,, Kastman Heights Addition; Thence South 120.00 feet; Thence West 196.00
feet; Thence North 120.00 feet; Thence East 196.00 feet to the place of
beginning, is hereby assessed; said property abuts the East-West alley between
33rd Street and 34th Street and from the East Property Line of Memphis Avenue to
the West Property Line of Louisville Avenue, known and designated as Sub -Unit
Number 20 of Unit Number,A-384.
The herein described property, Lots 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, Block
4, Roberson Addition is hereby assessed; said property abuts the East-West alley
between 33rd Street and 34th Street and from the East Property Line of Quaker
Avenue to the West Property Line of Quaker Avenue to the West Property Line of
Peoria Avenue, known and designated as Sub -Unit Number 21 of Unit Number A-384.
The herein described property, Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14,
15, 16, 17, Block 2, College Heights Addition is hereby assessed; said property
abuts the East-West alley between 34th Street and 35th Street and from the West
Property Line of Raleigh Avenue to the East Property Line of Salem Avenue, known
and designated as Sub -Unit Number 22 of Unit Number A-384.
The herein described property, Lots 9, 10, 11, 12, 13, 14, 15, 16, Block 3,
Walden Subdivision is hereby assessed; said property abuts the East-West alley
between 33rd Street and 34th Street and from the East Property Line of Salisbury
Avenue to the West Property Line of Salem Avenue, known and designated as Sub -Unit
Number 23 of Unit Number A-384.
The herein described property, Lots 1, 4-A, 4-B, 6, 7, 8, Block 6, Cowan Addition
is hereby assessed; said property abuts the East-West alley between 17th Street
and 18th Street and from the East Property Line of Peoria Avenue to the West
Property Line of Orlando Avenue, known and designated as Sub -Unit Number 24 of
Unit Number A-384.
Lots
The herein described property,/l, 2, 3, 7, 8, Block 2, Reeder Subdivision is
hereby assessed; said property abuts the East-West alley between 20th Street and
21st Street and from the East Property Line of Miami Avenue to 14.00 feet East of
the West Property Line of Memphis Avenue, known and designated as Sub -Unit Number
25 of Unit Number A-384.
i�
The herein described property, Lots 1, 3, 4, 5, 6, 11, 12, 13, 14, 15, 16, Block 2,i€
Murphy Place Addition is hereby assessed; said property abuts the East-West alley
between 20th Street and 21st Street and from 12.00 feet East of the West Property
Line of Louisville Avenue to 455.00 feet West of the West Property Line of Louis- R
ville Avenue,, known and designated as Sub -Unit Number 26 of Unit Number A-384.
The herein described property, Lots 2, 3, 4, 6, 7, 8, 10, 11, 12, 13, 14, Jim
Floyd Addition is hereby assessed; said property abuts the East-West alley between
21st Street and 22nd Street and from the East Property Line of Nashville Avenue to
the West Property Line of Memphis Avenue, known and designated as Sub -Unit Number 27i
of Unit Number A-384.
The herein described property, Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 1-1, 12, 13, 14,
15, 16, 17, 18, 19, 20, Block 167, Original Town and the center 9 feet 12 inches of
the alley along the Burlington Lines, Inc. railroad tracks is hereby assessed;
said property abuts the North -South alley between Avenue H and Avenue G and from
12.00 feet North of the South Property Line of 14th Street to 12.00 feet South of
the North Property Line of 15th Street, known and designated as Sub -Unit Number I
of Unit Number A-385.
The herein described property, Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14,
15, 16, Block 1,, Merrill's Addition and the center 9 feet Vi inches of the alley
along the Burlington Lines, Inc. railway tracks is hereby assessed; said property
abuts the North -South alley between Avenue H and Avenue G and from the South
Property Line of 22nd Street to 12.00 feet South of the North Property Line of
23rd Street, known and designated as Sub -Unit Number 2 of Unit Number A-385.
The description of property abutting the abovementioned alleys as
described within this ordinance covers all property to be assessed and resolves and
takes precedence to more general descriptions found in preceding resolutions.
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 23rd day of March, 1966, at 11:00
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, 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 A-384
Frank King appeared representing Harry E. Miller as being opposed to the
alley paving improvements.
M. S. Craig appeared for himself and on behalf of Owen W. McWhorter
opposing the alley paving improvements.
A. B. Ohlenbush indicated by mail that he was opposed to the alley paving
improvements.
Sub -Unit 3 of Unit A-384
Vaughn Douglas appeared on behalf of Bell Dairy Products, Inc. opposing
the alley paving improvements,
Sub -Unit 5 of Unit A-384
Bill Sharpley appeared for himself and on behalf of Father Flanagan's
Boys Home opposing the alley paving improvements.
Sub -Unit 8 of Unit A-384
E. House Murtry indicated by telephone that he was opposed to the alley
improvements.
Sub -Unit 10 of Unit A-384
W. L. Green appeared on behalf of Lula Kate Green opposing the alley
paving improvements.
Sub -Unit 11 of Unit A-384
Clyde Foster appeared for himself and on behalf of the W. E. Foster Estate
opposing the alley paving improvements.
Sub -Unit 13 of Unit A-384
Mrs. J. I. McCullough appeared opposing the alley paving improvements.
Sub -Unit 14 of Unit A-384
H. H. Hughston appeared opposing the alley paving improvements.
William G. Blair indicated by telephone that he was opposed to the alley
paving improvements.
Sub -Unit 17 of Unit A-384
Roy A. Middleton presented a letter signed by himself and the following
property owners, Homer Wilson, C. R. Meadows, Jr., Mel McDougle, and Leonard
Wilson opposing the alley paving improvements.
Sub -Unit 18 of Unit A-384
Roy A. Middleton presented a letter signed by himself and the following
property owners, John J. C. O'Shea, Homer Wilson, C. R. Meadows, Jr., Leonard
Wilson, opposing the alley paving improvements.
Sub -Unit 19 of Unit A-384 ?i1m, 1)
Bill Kirk appeared on behalf of Charles Galey opposing the alley paving
improvements.
Tom Johnston appeared on behalf of the Medical Associates, Inc. opposing
the alley paving improvements.
F
A--,
Sub -Unit 20 of Unit A-384
A representative for Richard Mayer appeared opposing the alley paving
improvements.
Sub -Unit 22 of Unit A-384
Robert E. Abbe indicated by mail that he was opposed to the alley paving
improvements.
Sub -Unit 25 of Unit A-384
Kim Hardy appeared on behalf of the Medical Professional Bldg. of Lubbock
opposing the alley paving improvements.
Sub -Unit 26 of Unit A-384
Evelyn Grimes Allen and Harmon Scales indicated by mail that they were
opposed to the alley paving improvements.
Sub -Unit 27 of Unit A-384
N. E. Rhodes Pastor for Memphis Avenue Church of Christ appeared opposing
the alley paving improvements.
Sub -Unit 28 of Unit A-384
Preston Johnston appeared on behalf of Frontier Saving Stamps, Inc.
opposing the alley paving improvements.
Sub -Unit 1 of Unit A-38
A. J. Huckabee indicated by telephone that he was opposed to the alley
paving improvements.
Sub -Unit 2 of Unit A-385
Mrs. W. D. Wilkins appeared opposing the alley paving improvements.
And all objections and protests made were fully considered and said
hearing 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 an
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 hereinj
ordained, THEREFORE i
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'
alley paving Sub -Units 1, 2, 3, 5, 8, 11, 19 and 28 of Unit A-384, 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.
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
P between all parties concerned, considering benefits received and burdens imposed,
fl
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
lj 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 respects valid and regular.
II -A.
The City Council, from evidence considering the benefits received and
burdens imposed, finds that the owners of railroads occupying and/or crossing
portions of 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
fiby 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
1� franchises, which tax shall constitute a lien superior to any other lien or claim
except State, County and Municipal Taxes.
That there shall be and is hereby levied and assessed against the parcels
itof property and railroads crossing or occupying alleys, hereinbelow mentioned and
against the real and true owners thereof, whether such owners be listed correctly
d1 herein or not, the sums of money belowmentioned and itemized shown opposite the
I description of the respective parcels of property and railroads crossing or,
occupying aleys; the description of such property and railroads, and several
amounts assessed against same, and the Owners thereof, being as follows: (Rolls
inserted in iginal Copy of Ordinance and in separate Ordinance Book. Not a
special description shall be made on the Roll of a Sub -Unit along the bound ry of
the City).
V01'J 4 � - PAGE
"t
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 therefor,
or any other unit.
M
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 seven (7%) 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 equal installments, the first payable on or before ten (10)
days after the completion and acceptance by the City of the improvements in the
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 at the rate of 7% 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 installment 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 T. J.
Hodges, Inc., or its assigns, be and become immediately due and payable, and shall
be collectible with reasonable attorneys fees and costs of collection if incurred.
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 thereof, but
T. J. Hodges, 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 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 T. J. Hodges, Inc., or its assigns, payment
of said sums shall be enforced by suit in any court having jurisdicition.
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 T. J. Hodges, 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 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 T. J. Hodges, Inc., or its assigns, the whole of
the said assessment evidenced thereby shall at once become due and payable, and
shall be collectible with reasonable attorneys 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
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
jurisdiction.
The said certificates shall further recite in effect that all pro-
ceedings 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 powers, 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.
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.
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 certificate issued in evidence thereof, may be corrected at any time by
the City.
W
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 23rd
day of March, 1966.
Passed and approved by unanimous vote of the City Council this the 24th
day of March, 1966.
Passed and approved by unanimous vote of the City Council this the
31st day of March 3 19 66 1
Attest:
AV/11
Laveftia Lowe,
City S7
�aVeta , y
Approved:
f \ // 1
mUel W. Wahl," City Engineer
Approved:
C
Max Tidmore_, Mayor
�d Fred 0. Senter, Jr., City,Attorne