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