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HomeMy WebLinkAboutMinutes - City Council - Regular - 7/10/1924July 10th,1924. City Commission met in regular session with the following present: Mayors F. R. Friend, Commissi ones , H. G. Love and J. 0. Jones and R. A. Sowder, City Attorney, and M. S. Ruby, City Manager., Commissioners George C. wolffarth and W. S. Posey. Minutes of meeting of June 26th and July 7th. were read and approved by unanimous vote of gity Commission. The following Ordinance was presented and passed: "ORDINANCE CLOSING HEARING AND LEVYING ASSES311ENTS FOR A PART OF THE COST OF IMPROVING PORTIONS OF BROADWAY STREET AND SUNDRY OTHER STREETS AND PLACES IN THE CITY OF LUBBOCK, TEXAS, AND PROVIDING FOR THE COLLECTION OF SUCH ASSESSILENTS AND FOR THE ISSUANCE OF ASSIGNABLE CERTIFICATES IN EVIDF210E THEREOF." Commissioner J. 0. Jones moved that the ordinance be placed on its first reading, seconded by Commissioner 1.7. S. Posey, and carried by the following vote; AYE: F. R. Friend, W. 3'. Posey J. 0. Jones. NO: None. George C. FYolffarth H. G. Love Carried; placed on first reading. Commissioner '4. S. Posey moved that the ordinance pass first reading; seconded by Commissioner J.O. Jones; and carried by the following vote: AYE: F. R. Friend George C. Wolffarth W. S. Posey H. G. Love J. 0. Jones. NO: None. Carried; ordinance passed first reading. Commissioner IV. S. Posey moved that the rules be suspended and that the ordinance be -placed on second reading; seconded by Commissioner George C. Wolffarth, and carried by the following vote: AYE: . F. R. Friend W.. .a. Posey J. 0. Jones.- 110 No ne George C. Wolffarth H. G.Love Carried: Ordinance placed on second reading. Commissioner J. 0. Jones moved that the ordinance pass second reading; seconded 'by H. G. Love; and carried by the following vote: AYE: F. R. Friend George C. I-Iolffarth 1V. .3. Posey H. G. Love J. 0. Jones. NO: None. Carried; ordinance passed on second reading. Commissioner w. S. Posey moved that the ordinance pass reading; seconded by Commissioner H. G. Love; and carried by 'vote: AYE: F. R. Friend rl. S. Posey J. 0. Jones. NO: None George C. Wolffarth H. G. Love, third and final the following r Mayor, F. R. Friend, then declared the ordinance finally passed. The ordinance follows: Ordin� Ido.261. ORDINANCE CLOSING HEARING AND LEVYING AS SES SITETIT S FOR A PART OF THE CO`.;T OF II.21ROVING PORTIO14S OF BROADWAY STREET A'_�ID SUNDRY OTHER STREETS AND PLACES IN THE CITY OF LUBBOCK, TEXAS, AND PROVIDING FOR THE COLLECTION OF ST7 CH ASSES3MENTS AN') FOR THE ISSUANCE OF ASSIGNABLE CERTIFICATES IN EVIDENCE; THEREOF. WHEREAS, the City of Lubbock has heretofore ordered that the below mentioned portions of streets and public places in said city be improved by raising , grading , filling, and, paving same, and installing curbs and gutters and otherwise, and contract for the making and construction of such improve- ments, including paving with verticle fibre brick ,was let to and entered into with Panhandle Construction Company, said streets and places beingas follows, to -wit: Broadway Street from its intersection with the West property line of Avenue Y to its intersection with the East property line of Avenue M, known and de- signated as District or Unit No. 1, the type of pavement to`bVe 212 inch vertical fibre brick on concrete foundation. Broadway Street from its intersection with the West property line of Avenue 14 to its intersection with the East property line of Avenue P, known and de- signated as District or Unit No. 2, the type of pavement to be 22 inch vertical fibre brick on concrete foundation. Broadway Street ,from its intersection with the East property line of Avenue P to its intersection with the East property line of Avenue U, known and de- signated as District or Unit No.2-a, the type of pavement to be 2� inch 134 vertical fibre brick on concrete foundation. Broadway Street from its intersection with the East property line of Avenue U to its intersection with the East property line of Avenue Y, known and de- signated as District or Unit No.3, the type of pavement to be 22 inch vertical fibre brick on concrete foundation. Main Street from its intersection with the Teat property line of Avenue K to its intersection with the East property line of Avenue 1.1, and from its inter- section with the West property line of Avejaue M to its intersection with the West property line of Avenue M, known and designated as District or Unit No. 4, the type of pavement to be 22 inch vertical fibre brick on concrete founda- tion. Main Street from its intersection with the hest property line of Avenue N to its intersection with the East property line of Avenue P known and designat- ed as District or Unit No. 5, the type of pavement to be 22 inch vertical fibre brick on concrete foundation. Main Street from its intersection with the East property line of Avenue P to its intersection with the East property line of Avenue Up known and designat- ed as District or Unit No. 6, the type of pavement to be 22 inch vertical fibre Brick on concrete foundation. Main Street from its intersection with the East property line of Avenue U to its intersection with the East property line of Avenue Y, known and designated as District or Unit No. 7, the type of pavement to be 22 inch vertical fibre bfiick on concrete foundation. Seventh Street from its intersection with the East property line of Avenue PSI to its intersection with the East property line of Avenue Q, known and de- signated as District or Unit No. 8, the type of pavement to be 21 inch vertical fibre brick on concrete foundation. Tenth Street from its intersection with the best property line of Avenue I to its intersection with the hest property line of Avenue K_, known and designated as District or Unit No. 9, the type of pavement to be 22 inch vertical fibre brick on concrete foundation. Tenth Street from its intersection with the East property line of Avenue r to its intersection with the East property line of Avenge I, known and designated as District or Unit No. 10, the type of pavement to be 21 inch vertical fibre brick on concrete foundation, Broadway Street from its intersection with a point 2 feet East of the East rail of the East side track of the Santa Fe Railway to its intersection with a point 280 feet East of the East property line of Avenue A, known and designated as District or Unit No. 11, the type of pavement to be 22 inch vertical fibre brick on concrete foundation. Broadway Street from iti3 intersection with the 'lest property line of Avenue F to its intersection with a point 2 feet Nest of the West rail of the West track of the Santa Fe Railway, kno ;n and designated as District or Unit No. 12, the type of pavement to be 22 inch vertical `fibre brick on concrete foundation. Thirteenth Street from its intersection with the East property line of Avenue G to its intersection with the East property line of Avenue I, knovin and designated as District or Unit No. 13, the type of pavement to be 22 inch vertical fibre brick on concrete foundation. Thirteenth Street from its intersection with the Vilest property line of Avenue I to its intersection with the Viest property line of Avenue L, known and de- signated as District or Unit No. 14, the type of pavement to be 22 inch vertical fibre brick on concrete foundation. Thirteenth Street from its intersection with the Wiest property line of Avenue L to its intersection with the West property line of Avenue 1), , kncwn and designated as District or Unit No. 15, the type of pavement to be 22 inch vertical fibre brick on concrete foundation. Sixteenth Street from its intersection with the [lest property line of Avenue H to its intersection with the :past property line of Avenyte IT, known and designated as District or Unit No. 16, the type of pavement to be 22 inch vertical fibre brick on concrete foundation. Sixteenth Street from its intersection with the West property line of Avenue M, to its intersection with the East property line of Avenue Q, known as District or Unit No. 17, the type of pavement to be 22 inch vertical fibre brick on concrete foundation. Avenue Q from its intersection with the South property line of Sixth Street to its intersection with the North property line of Main Street, and from its 235 intersection with the South property line of Main Street to its intersection with the North property line of Broadway ''tre et , known and designated as Unit or District No. 18, the type of pavement to be 22 inch vertical fibre brick on concrete foundation. Avenue Q from its intersection with the South property line of Broadway Street to its intersection with the North property line of Thirteenth Street and from its intersection with the South property line of Thirteenth Street to its intersection with the North property line of Nineteenth Street, known and designated as Unit Or District No. 19, the type of pavement to be 22 inch vertical fibre brick on concrete foundation. Avenue M from its intersection with the South property line of Seventh Street to its intersection with the North property line of Thirteenth Street known and designated as District or Unit No, 20, the type of pavement to be 22 inch vertical fibre brick on concrete foundation. Avenue W_ from its intersection with the South property line of 'thirteenth Street to its intersection with the North property line of Nineteenth Street known and designated as District or Unit No. 21, the type of pavement to be 22 inch vertical fibre brick on concrete foundation. Avenue K from its intersection with the South property line of Tenth Street to its intersection with the North property line of '_'hirteenth Street, known and designated as District or Unit No. 22, the type of pavement to be 22 inch vertical fibre brick on concrete • foundat ion. Avenue J from its intersection with the North property line of Tenth Street to its intersection with the North property line of Main Street, known and designated as District or Unit No. 2.-), the type of pavement to be 22 inch ver ti c z.1 fibre brick on concrete foundation. Avenue J from its intersection with the South property line of Broadway Street to its intersection with the South property line of Thirteenth Street known and designated as District or Unit No. 24, the type of pavement to be 22 inch vertical fibre brick on concrete foundation. Avenue I from its intersection with the North property lihe of Fifteenth Street, known and designated as District or Unit No. 25, the type of pave- ment to be 212 inch vertical fibre brick on concrete foundation. Avenue I from its intersection with the North property line of Fifteenth Street to its intersection with the South property line of Sixteenth Street known and designated as Unit or District No. 26, the type of pavement to be 22 inch vertical fibre brick on concrete foundation. Avenue H, from its intersection with a point 2 feet South of the South rail of the South track of the Santa Fe railway to its intersection with the North property line of Tenth Street, known and designated as District or Unit No. 27, the, type of pavement to be 22 inch vertical fibre brick on concrete foundation. Avenue H, from its intersection with the South property line of Thirteenth Street to its intersection with the South property line of Fifteenth Street known and designated as District or Unit No. 28, the type of pavement to be 22 inch vertical fibre brick on concrete foundation. Avenue H, from its intersection with the South property line of Fifteenth Street to its intersection with the _dorth property line of Nineteenth Street' known and designated as District or Unit No. 29, the type of pavement to be 22 inch vertical fibre brick on concrete foundation. Avenue G, from its intersection with the North property line of Tenth Street to its intersection with the :forth property line of I�fain Street , known and designated as District or Unit No. 30, the type of pavement to be 22 inch vertical fibre brick on concrete foundation. Avenue G, from its intersection with the South property line of Broadway Street to its intersection with the South property line of Thirteenth Street known and designated as District or Unit No.31, the type of pavement to be 21 inch vertical fibre brick on concrete foundation. Avenue U, from its intersection with the South property line of Main Street to its intersection with the North property line of Broadway Street, known and designated as District or Unit No. 32, the type of pavement to be 22 inch vertical fibre brick on concrete foundation. Avenue %, from its intersection with the South property line of Main Street to its intersection with the North property line of Broadway Street, known and designated as District or Unit No. 33, the type of pavement to be 21 inch vertical fibre brick on concrete foundation. and, WHEREAS, the City Engineer prepared rolls or statement, for the 236 improvements in each Unit, showing the amounts to be assedsed against the various parcels of abutting property and the owners thereof, and showing other matters and things, and same were examined by the Board of Commissioners and approved and a time and place was fixed for hearing to the owners of such abutting property and to all others in any wise interested, and due and proper notice was given, and such hearing 'was had and held at the time and place fixed therefor, to -wit, on the first day of July, 1924, at 3 o'clock P. M. in the City Hull in the City of Lubboc.&, 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 Unit indicated, namely: J. H. Hai,ie, owning property fronting 78 feet on Avenue H, in Block 214, Unit No. 29, protested on the ground that he was not financially able to have paving put down. C. W. Mallard, owning property fronting 150, feet on Avenue 1,1, in Block 225, Unit No. 21, protested on the ground that he was not financially able to have paving put down. T. T. Carpenter, owning property fronting 75 feet on Avenue H in Block 198, Unit No. 29, pritested on the ground that he was not financially able to have paving put down. R. L. Hasting, owning property fronting 165 feet on Avenue Cf, in Block 4, Unit No. 19, pro tested on the ground that he was chrged with 189 feet and did not o� n but 165. 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 Board having fully and fairly heard all parties making any protest and all parties desiring to be heard, and having fully considered all matters pre- sented for consideration, and having fully considered all the evidence, and all pertinent and proper matters, is of the opinion that the following disposition should be made of such protests and objections, and that assess- ments should be made as herein ordained: THEREFORE, BE IT ORDAINED BY THE CITY OF LUBBOCK, TEXAS: 'CHAT, -I- 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. _II_ The Board of Commissioners from the evidence finds that the assessments herein levied shall $e made and levied against the respective parcels of property abutting upon the said portions of streets and against the owners of such property,. and that such assessments are right and proper and establish substantial justice and equality and uniformity between the respective owners and respective propertiesc, and between all parties concerned, considering benefits received and burdens imposed, and further finds that in each case the abutting property assessed is specifically benefited in the enhanced value thereof by means of the improvement in the Unit upon which the particular property abuts and for which assess- ment 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 law and Charter in force in the City, and is in accordance with the proceedings heretofore taken and had with reference 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 correctly named herein or not, the sums of money below mentioned and itemized shown opposite the description of the respective parcels of property; the descriptions of such property. the 238 That the assessments so levied are for the improvements• in the particular Unit upon which the property described abuts,. and the assessments for the improvements 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 assessed for improvements in one Unit have been in no wise affected by any fact in anywise connected with the improvements or the assessments therefor, in any other Unit, and in making such assessments the cost of storm sewers is not included in the sums assessed. _IV_ That the several sums above mentioned assessed against said parcels of property and against the real and true owners thereof, and interest thereon at the rate of 8% per annum, together with reasonable attorney's fees and costs 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 aiid 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 six equal installments, the first payable on or before thirty (30 days after the completion and acceptance by the s rid City of the im- provements in the block upon which the particular property abuts; the second installment due on or before one (1) year from said date of completion and acceptance, the third installment due on or before two (2) years from the date of suc ompletion and acce tance; the fourth installment due on or before three 3� years from the da e of such completion and acceptance; the fifth installment due on or before four (4) years from the date of such aomple ti on and acceptance and the sixth installment due on or before five (5) years from the date of such completion and acceptance; and such assessments shall bear interest from the date of such completion and acceptance at the rate of eight per cent per annum payable annually with each installment, so that upon completion and acceptance of the improvements in a particular block assessments against the property abutting upon such completed and accepted block shall be and become due and payable in such installments and with interest from the date of such completion and acceptance, provided th�it any owner shall have the right to pay the entire assessment, or any installment thereof, before maturity by payment of principal erid 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 Panhandle Construction Company, or its assigns, be and become immediately due and pay :_ble and shall be collectible with reasonable attorney's fees and costs of collection, if incurred. -V- 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 said Panhandle Construction Company shall look solely to said property and the owners thereof, for payment of the sums assessed against the res- pective parcels of property; but said City shall exercise all of its lawful powers and aid in the enforcement and collection of said liens and assess- ments, and if default shall be made in the payment of any assessment, 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 mariner provided for the sale of property for the non-payment of ad valorem taxes, or, at the option of Panhandle Construction Company, or its assigns, payment of said sums shall be enforced by suit in any court having juris- diction. _VI_ For the purpose of evidencing the several sums assessed ag• inst 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 said City of Lubbocx upon the completion and ac- ceptance of the work in each block of improvement as the work in such block is completed which certificates shall be executed by the 1.1ayor in the name of the City, attested by the City Secretary with the corporate seal, and shall be payable to Panhandle Construction Company, or its assigns, and shall declare the said amounts and the time and terms of payment and rate of interest and date of completion and acceptance of the improvements for which the certificate is issued, and shall contain the name of the owner as ac- curately as possible, arld 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 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. Nl) The said certificates shall further provide substantially that if default shall be i.iade in the payment of any installment of principal or interest when due, then, at the option of Panhandle Construction Company or its assigns, the whole of the said assessment evidenced thereby shall at once become due and payable, and shall be collectible with reasonable attorney's fees and costs of collection, if incurred. And said certificates shall set forth and evidence the personal liability of the owners of such property and the lien upon such property, and shall provide in effect if de- fault 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 and Charter 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 per- formed, 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 my 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 five installments leaving the main cer- tificate for the sixth. Said certificates may further provide substantially that the amounts payable thereunder may be paid to the Collector of Taxes of the City who shall issue his receipt therefor, which receipt shall be evidence of such payment upon any demand for the same, either by virtue of the said certificate or any contract to pay the same entered into by the property owner, and that the Collector of Taxes will deposit all sums so received by him forthwith with the City Treasurer, and upon the payment of any installment with int- erest upon the surrender of the coupon therefor, receipted in full by said Company, or other holder of said certificate, the City Treasurer shall pay the amount so collected and due thereon to said company, or other holder,which coupons so receipted shall be the Treasurer's warrant for pa.yment.And the said certificates shall further provide in effect that the City of Lubbock shall exercise all of its lawful power when requested so to do b,� the holder of said certificates to aid in the enforcement and collection thereof, and said certificates may contain other and further recitals pertinent or appropriate thereto. It shall not be necessary that said certificates shall be in the exact form as above set forth,but the subs-ance and effect thereof shall suffice. The assessments levied by this ordinance for the improvements °n 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, aild in making and levying assessments the costs of the improvements in each unit, the benefits by means of the im- provements, and all other matters and things with reference to improvements in each Unit, have been considered and determined altogether without re- ference to any such matters in ai,y other Unit, and the omission of the im- provements in any Unit shall in no wise affect or impair the validity of assessments for the improvements in any other Unit. The omission of im- provements in any particular Unit in front of any property exempt from the lien of such assessments shall in no ;rise affect or impair the validity of assessments against other property "in that Unit. -VIII- No mista.&e, error, invalidity, or irregularity in the name of any property owner, or the descriptionof any property, or the amount of any assessment, or in any other matter or thing, shell 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 certificates issued in evidence thereof, may be corrected at'any time by the City. -IX- All assessments levied are a personal liability and charge against the real owners of the premises described notwithstanding such owners may not be named or may be incorrectly named. -X- Full power to snake at,d levy reassessments is, in accordance with the law and proceedings of the City, reserved and vested in the City. -XI - That this ordinance shall be in force and take effect from and after its passage. 240 Passed and approved this 10th day of July, 1924. ATTEST(: f, o , CiVofLubbock,lrexds. U Ci t�v Secret ar . APPROVED AS TO F M: R. A. Sowder, , City Attorney. Upon motion made by Mr. Jones and seconded by Mr. Love the petition asking that Avenue Q be paved 30 feet in middle of street and the curb remaining where it is signed by S. D. Hunter, C. E. Howard and thirty-three other property owners was tabled by unanimous vote. Public Slaughter House Ordinance was discussed and the matter was tabled until next meeting so that Dr. Castleberry might be present and offer suggestions to Commission in passing one that would be beneficial to the City. Mayor F. R. Friend agreed to see Dr. Castleberry and lock over the Dairy proposition and Slaughter business for the City. F. 0. Kelley and Committee were before the Commission asking that the City Commission take some steps in preventing Ramey Brothers from using imported laborers on the City Hall job. Mayor stated that our contract did not call for any specifications of laborers and that it was impossible for the -City Commission to do anything. Mr. Sowder stated that he and I.Zr. Ruby had been unable to get Sanders to survey the Gilliam land, as he was out of towii , but would be attended to just as soon as possible. Upon motion made by Mr. Hones and seconded by Mr. Lore, Secretary, was v iiistruc ted to issue warrant against the street funds in favor of the light funds �b,000.Ou; said motion passed by unanimous vote. Mr. Sowder was iris true ted to look upon the paving law in regard to the paving of different alleys in the City. There being no further business the meeting adjourned. Read and approved this _ day of 1924. T T. e aly, y Seeretar