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HomeMy WebLinkAboutMinutes - City Council - Regular - 2/11/1925Feb. llth., 1925. City Commission met in Special session with the following present; '"-ayor, F. R. Friend, Commissioners, VI Pose- , Geo. C. Wolffarth, R.W. Blair, and J. 0. Jones, R. z. Sowder, City -ttornev, and :.'. S. Rub.j, C itv Mgr. This being the day set for the opening of bide for incenerator the following bids were received: National Incenarator $21.818.00 and Superior Incenerator Co. $22,500.00 The proposition was discussed and it was gabled until nett meeting. The following Ordinance passes' its first .reading by unanimous vote. 3 1 Ordinance o=28.3. BROADWAY AND AVENUE "Q" SPECIAL FORId NO 10, Lubbock. ORDINANCE CLOSING HELRII;G AND LEVYIIIG ASSESSMENTS FOR A PART OF THE COST OF I11PROVING PORTIONSOF BROADWAY STREET -MITI) SUNDRY OTHE-R STREETS _il!D PLACES IN THE CITY OF LUBBOCK TEXAS AND PROVIDING FOR 'THE COLLECTION OF :'UCH aSSESSMENTS -LUD FOR THE ISSUANCE OF ASSIGNABLE CERTIFIrATES II1 EVIDENCE THEREOF. WHEREAS, the City of Lubbock has heretofore ordered that the below mentioned portions of streets ind -ti jzblie rla,ces i,1 fir Cit17 lie 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 being as follows, to -wit: 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 as District or Unit No. 2A, the type of pavement 'to bd 2-j inch Vertical Fibre Brick on Concrete foundation, with 20 foot parkway in the middle. 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 as District or Unit No 3, the type of pavement to be 22 inch Vertical Fibre brick on Concrete foundation, with 20 foot parkway in the middle. AVENUE "Q", from its intersection with the South property line of 6th. Street to its intersection with the North property line of Main Street, and from its intersection with the South property line of M:a.in Street to its intersection with the North property line of Broadway btreet, known as District or Unit No. 18, the type of pavement to be Vertical 2ibre Brick on natural foundation. AVENUE "Q", from its intersection 4ith the South property line of Broadway Street to its intersection with the "orth property line of 13th. Street, and from its intersection with the South property line of 13th. Street to its intersection with the North property line of 19th. Street, known as District or Unit No. 19, the t-,Tpe of pavement to be yerticil Fibre brick on natural foundation. ,/ and , WHEREAS, the City Engineer prepared rolls or statement for the im- provements in each unit, snowing the amounts to be assessed against the various parcels of abutting property and the owners the.. eof, and sho ng 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 anywise interested, and due and proler notice was given, and such hearing was had and held at the time and place fixed therefor, to@wit, on the llth. day of February, 1925, at 3:30 o'clock P.M. in the City Hall 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 r.eauiree by the Uharter and 1-3w in force in t;:is city 4nd by the proceedings of the City with reference to such matters, and the following protests were made concerning the im- provements in the unit indicated, namely: and all obetions 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 h eard, and having fully co:sidered all matters pre- sented for consideration, and having fully considered all the evidence, and all pertinent and pro per matters, is of opinion thAt the following disposition should be made of such protests and objections, and that assessments should be made as herein ordained: THEREFORE,BE IT ORDAII?ED B _ -HI: CITY OF LUBt3OCK, TEX iS : TuAT -1- All protests and objections, whether herein specifically mentioned or not, shall be and the same are hereby overruled and the said hearing with res- pect to each and all of said Units is hereby closed. -11- The Board of Commissioners from the evidence finds that the assessments See Page_for Ordinance No.286 i €j herein levied shall be made and levied against the respective parcels of property abutting upon the said portions of streets an,` against the owners of such property, ind that such assessments are right and proper and establish substantial iustice and equality and uniformity between the respective owners and' respective properties, and between all parties concerned, considering benefits received and burdens imposed, and further finds that in etch case the abutting property assessed is specifically benefited in the enhanced value t!iereof by means of the improvement in the unit upon which the particular property abuts and for which assessment is levied, in a sum in excess of the assessment levied against szme 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 4,aken and had with reference to such improvements and is in all respects valid and regular. -111- That there shall be and is hereby levied and assessed against the parcels of propert-- hereinbelow mentione(4 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 several amounts assessed against same, and the owners thereof, being as follows: (Here insert complete copies of the Engineers's rolls or statements as corrected, if any corrections are made, being sure to correct the names where- ver there has been any error, descriptions and amounts wherever there has been any error, as well as all other errors. That the assessments so levied are for the improvements in the particular Unit upon waic;- the procert y deedribed abuts, and the assessments for the im- provements in one Unit are in no wise related to or connected with the improve- ments in any other Unit, and in making assessments d,nd in holding said hearing the amounts assessed for improvements in one Unit have been in no wise affected by any fact in any wise connected with the improvements, or the assessments therefor, in any other Unit, and inma.king such assessments the cost of storm sewers is not included in tae sums assessed.. -1V - That the several sums above menti )ned assessed against said parcels of pro- pert7 and against the real and true owners thereof, and interest tneron at the rate of S% per annum, together with reasonable attorney's fees and costs of col- lection, if incurred, are hereby declared to be -a.nr made a lien upon the res- pective parcels of prorertyagainst wnich 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 enforcible claim against the property assessed, :and shall be a first and paramount lien, superior to all other liens and claims, except State, Uounty and Municipal taxes, and the sums so assessed shall be payable a,- follows, to -with In six eoual installments, thie first payable on or before thirty (30) days after the completion and acceptance by the L yid City of the improvements in the block upon whi.oh the particular property abuts: the second installment due on or before one (1) year from said date of completion and acceptance, the third in- stallment due on or before two (2) years from the date of such completion and acceptance; the fourth installment due on or before three (3) years from the date of such completion and acceptance; the fifth installment due on or before four (4) years from the date or such completion and acceptance; and the sixth (6) 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 o.:'such com- pletion and acceptance at the rate o,-' 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 that any owner shall have the right to pay 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 o" the assessri,ent upon which such default is made shall, at the olbtion o-P Panhandle Construction Compa,nv, or its assigns be an,-, become imme iately due and payable, and shall be. collect-ible with reasonable at. orney's fees and costs of collection,if incurred. w 3 -A -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 F mhandle Construction Company shall look solely to said property and the owners thereof for payment of the sum s assessed against the respective parcels of property, but said city shall exercise all of its lawful powers and aid in the enforcement and collection of said liens and assessments, 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 gssessor 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 Pan- handle Construction Uompany, or its assigns, payment of said sums shall be en- forced by suit in any court having jurisdiction. -Vl- For the purpose of evidencing the several sums assessed against the said parcels of propert v and the owners thereof, and the time and terms of payment and to aiq in the enforcement thereof, ac: ignable certificates shall be issued by the -itv of Lubbock upon the completion and acceptance of the work in each block of imvrovement as the work it such block is completed and accepted, which certificate shall be executer by the :savor in the name of the city, attested by th- City Secret,.r-, with the corporate se :1, and shall be pavable to ranhandle "onstruction "ompany, or its assigns, and shall declare the said amounts and the time and terms of pa anent -and rate of interest and date of completion and acceptance of the improvements for which the certificate is isG ued , and shall contain the name of the owner as accurately as possible, and the description of the property by lot and block numbe , or front feet thereof, or such other description as may otherwise identifv the same, un• 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 mis- take in describing any property, or in givin` the name of any owners, shall in any wise invalidate or impair the assesUment levied hereby or the certificate issued in evidence tnereof. The said certificates shall further provide substantially that if de- fault shall be made in the p_yrnent of any installment of princip.,al or interest when due, then, at the option of kanhand le "onstruction - o: jpany, or its assigns the whole of the said asseFsment 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 soc'n rroperty a.n� the lien upon such property and shall provide in effect if default be made in the pavment thereof the same may be enforced either by the sale of the property by the Tax Collector and ddsessor of the city of Lubbock, a.s 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 mailing said improvements have been regularly had in compliance with the law and "harter and proceedings of the Cit7 of Lubbock, and that all prere uisites to the fixing of the lien and claii:: 8f personal liability evidenced b y such certificates have been regularly done andperfo rmed, which re- citals shall be evidence of the matters :n,- facts so recited, and no further proof thereof shall be recuired 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 five installments leaving the main certificate for the sixth. Said certificates may further provide substantially that the amounts payable thereunder may bo p-id -o the Collector of Taxes of the City, who shall issue his receipt therefor, which receipt shall be evidence of such payment up1n any demand for the same, either by virtue of the said certific-.te or any contract to pay the same entered into by the property owner, and that the Collector of Taxes will deposit all sums s.o received by him forthwith with the City Treasurer and upon the payment of -any installment with interest upon the surrender of the coupon therefor, receipted in full by said Company, or other holder of said cer- tificate, 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 payment. -&nd the said certificates shall further provide in effect that the City of Lubbock shall exercise all of its lawful power when reauested so to do by the holder of said certificates to aid in the enforcement and collection there- of, and said certificates may contain other and further recitals pertinent or ap- propriate thereto, It shall not be necessary that slid certificates shall be in the exact form as above set forth, but the substance and effect thereof stall suffice. -V L1*- The assessments levied by this ordinance for the improvements in each "nit are altogether separate and distinct from as,-;essments in each and every other Unit. The assessments for improvements in one unit are in no wise affected by the improvements in or the assessments levied for the improvements in any other unit, and in ma�ing and levying assessments the costs of the improvements in each unit, See Page for Ordinance 287 the benefite by means of the improvements., and all other matters and things � with reference to improvements in e:ch unit, have been considered and de- termined altogether without reference to any such matters in any other unit, and the omission of the improvements in any unit shall in no wise affect or im- pair the validity of assessments for the improvements in any other unit. The omission )f improvements in any particular unit in f ont of any property exempt from the lien of such assessments shell in no wise affect or impair the validity of assessments against Other property in that unit. -Vill- No mist eke , error, invalidi t7 , or irregulari t7 in the n-.me of any pro- perty owner, or the description of anq prorerty, or the amount o any assess- ment,o r in any other matter or thing, shall in anv wise invali�ate or imriir any assessment levied hereby or any certific ite issued, and any such mis Lake, e error, invalidity, or irregularit7j, whether in such asses;:ment or in the cer- tificate issued in evidence trier^of, may be corrected at any time b:r the city. -1%- All assessments levied are a personal liability and charge against the real and true owners of the pretiises described notwithstanding such owners may not be named or may be incorrectly named. %- Full power to make and levy reassessments is, in accordance with the law ind proceedings of the City, reserved and vested in the city. -gll That tnis ordinance shall be in force and take effect from and after its passage. Fassee and approved tnis lath. day of Febrairy L. 1925. r'. } Fri end P aVor, it.-v of Lubbock, Texas. ATTEST: J. H. Germany, ;, +yOeeretary. Al PROVED AS TO FORM: Cityy attorney.