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HomeMy WebLinkAboutMinutes - City Council - Regular - 12/2/1925* * * * * * * * * � ** * * * * * -.***xX*x>cse Dec. 2nd. 1925. City Commission met i'... Special Session withthe following; present: Mayor, F. R. Friend, Commissioners, Geo. C. l';olffarth, Blair, and IT. S. Ruby, City Manager. 11-ayor stated that this was the day for the hearing of objections on paving the alley in Blk. 102 O.T. By motion made by 11r. Wolffarth and secoiided by Mr. Blair the followinz Ordinance was read rand ordered passed by unanimous vote. Ordinance No. ORDINANCE CLOSING HEnRITIG AND LEVYING ASSESSI,iEId'TS FOR APART OF THE COST OF IITROVING PORTIONS OF ALLEYS tM SUITDRY OTHER PLACES IN THE CITY OF LUBBOCK, TEXAS, AND PROVIDING FOR THr C011.,C^IOIT OF SUCH ASSESSMENTS AND FOR THE ISSUANCE OF ASSIGNABLE CERTIFIC TES IN EVIDENCE THEREOF: AND DECLARING AN EMERGENCY. WHEREAS, the City of Lubbock, has heretofore ordered that the below mentioned portions of alleys and public places in said City be improved by raising grading, filling, and paving with five inch reinforced concrete paving, together with appurtenances, and contract for the making and construction of such im- provements was let to and entered into with Panhandle Construction Compt:ny, said alleys and places being as foll.ows:- East and West Alley in Block 102 O.T.L. from the Vlest property line of Avenue "J" to the East property line of Avenue "K" , knovM and desi,mn-ated as Unit No. A-3. North and South Alley in Block 102 O.T.L. from the South property line of Tenth Street, to the North property line of Eleventh Street, known and de- signated as Unit No. A-4. WHERE«S, the City Engineer prepared rolls or statements for the improve- ments in each Unit, showing the amounts to be assessed age-tinst 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 otivnerF- of such abutting property and to all others in anywise in.-erested, and due and proper notice wac- given, and such hearing was had and held at the time and place fixed therefor, to-iniit: on the 2nd. day of December, 1925, at 3:30 P.11. o'clock, in the City Hall, in the City of Lubbock, Texas, and at such hearing all desiring to be heard wer,,., fully and fairly heard, and evidence ti,:as•received and considered and all protests and ob- jections 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: None and all object -ions and protest made, ­iere 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 present - for consideration, and having fully considered all the evidence, and all per- tinent and propert 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; and, WHEREAS, the present condition of said streets and avenues endangers health and safety and it is necessary that such improvement be proceeded with while the weather will permit, and such facts constitute and create an em- ergency requiring that this ordinance be passed as an emergency. THEREFORE,BE IT ORDAINED BY THE CITY OF LUBBOCK ,TEXAS,THA T: 1. All protests and objections, whether herein specifically mentioned, or not, shall be and the same are hereb;r overruled and the slid hearing with • respect to each and all of said Units is hereby closed. 11. The Board of Commissioners from the evidence finds that the assessments herein levied shall be made and levied against the respective parcels of pro- perty abutting upon the said portions of streets and against the owners of such property, and that such assessments are right and proper and establish substan- tial justice and equality and uniformity between the respective owners and re- spective properties, and between all parties concerned, considering benefits received and burdens imposed, and further finds that in each case the abutting property assessed is specially benefited in the enhanced b'allze thereof by means of the improvement in thn Unit upon r:hich the particular property abuts and for w'iich assessment is levied, in alum in excess of the assessment levied against same by this ordinance, and further find that the apportionment of the cost of the improvements is in accordance with the law and Charter in force in the City and is inaccordance with the proceedings heretofore taken and had with refer- ence 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 property hereinbelow mentioned and against the real and true oviners thereof, whether such owners be correctly named herein or not, the sums of money below mentioned and itemized shown opposite the description of the res- pective parcels of property; the descriptions of such property, the several amounts assessed against same, and the owners°thereo", being as follows: 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 im- provements 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 any wise connected with the improvements, or the assessments therefor, in any other Unit, and in making such assessments the cost of storm seders is not included in the sums assessed. 1V. 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 anamade a lien upon the respective parcels of property against which the s:-.me are assessed, and a personal liability and charge against the real and true owners thereof, whether or not such ovaiers be correctly named herein, and such liens shall be and constitute the first enforcible claim against the property assessed, and shall be a first an,L paramount lien, a superior to all other liens and claims, except State, County and Adunicipal taxes, and the sums so assessed shall be payable as follows, to -wit: In six equal installments, the first payable on or before thirty days after the completion and acceptance by the said City of the improvements in the block upon which the particular property abuts; the second installment due on or be- fore 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 -uch completion and J acceptance; the fourth installment due on or before three (3) years from the date df such completion and acceptance; the fifth installment due on or before four (4) years from the date of such com letion-and acceptance; and the sixth (6) installment due on or before five years from the d<:_te of such completion and acceptance; and such assessment shall bear interest from the date of such completion and acceptance at the rate of eight per cent per annum, payable an- nually with each installment, so that upon completion and acceptance of the im- provements in a particular block assessments against the pro-._erty abutting upon such completed and accepted block shall be and become due and payable in such in- stallment and with interest from the date of such completion and acceptance, pro- vided that any owner shall have the right to pay the entire assessment, or any installment thereof, before maturity by puT!,ment of principal and accrued interest and provided further t-at if default shall b6 made in the p;:1 ment of any install- ment promptly as the saame matures, then the entire amount of the assessment upon w,.icYi such default. is made shall, at the option of Panhandle Construction Company or its assigns, be and become immediately due and payable, and shall be collectiL.le with reasonable attorneys' 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 ag:.inst any property and the ovi2iers thereof, but said Pan- handle Construction Company shall look solely to said property and the owners thereof, for payment of the sums asse•--sed against the respective parcels of pro- perty; but said City shall exercise al' of its lawful pourers ;nd aid in the en- forcement and dollectio_ of said lien and assessmentV, 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 Apse sor 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 Pa,nhqndle Con- struction Company, or its assigns, payment of said siuns shall bp enforced by suit in any court having jurisdiction. V1. Tor the purpose of evidencin,a the several sums assessed aginst the s:.id par- cels of property and the owners thereof, and the time and terms of payment, and to aid in the enforcement thereof, assignable certific :,tes shall_ be issued by the City Of Lubbock upon the completion and acceptance of the work ' in each block of improvemel_t as the work in such block is com;pleted and accepted, ti:.liich certificates shall be executed by the Mayor in the name of the City, attested by the City Secretary witli the corporate seal, <Ind shall be p:.yable 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 :_nd acc- eptande of the improvements for w :ich the certific,;.te is issued, .6nd shall con- tain the name of bhe owner as accurately as possible, and the description of the property by lot and block number, or font 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 descriptio__ t_zereof as so owned shall be sufficient, fynd no error or mistake in describing "ny property, or in Fiv_ng the name of any owners, shall in any wise invalidate or impair the assessment levied hereby or the certi- ficate issued in evidence t--_ereof. 1155 f The said certificates shall furt_ier provide substantially that if default shall be made 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 eet forth and evidence the personal liablity of the owners of such property and the lien up- on such property, and shall provide in effect if default be made in the payment thereof the same may be enforced either by the si-e o_" the property by the Tax Collector and Assessor o.'the City of I,uY,ock, as above recited, or by suit in any court having jurisdiction. The said certificates shall further recite in e-°feet that all proceedings with reference to m�,kin- said improvements have been reguli�.rly had in com- pliance with the law and charter --Ind proceedings or the City of Lubbock, and that all prerequisites to the fixing of the lien and clai:, of personal liability evidenced by such certificates have been regularly done and performed which recitq.ls shall be evidenced of the matters and facts so recited, and no f;irt-ier proof t::ereof 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 five installments leaving the main certificate for the sixth. Said certificates may further provide substantially that the amounts pay- able t1iereunder may be paid to the Collector of Taxes of the City, who shall issue his receipt therefor, w ich 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 o`aier, and that the Collector of Taxes will deposit all sums so received by him forthwith with the City Treas. and upon the payment of any installment with interest upon the surrender of the Coupons therefor, receipted in full by said Company, or other holder of siad certificate, tlae City Treasurer shall pay the amount so collected and due there- on to said Company, or other holder, which coupons so -receipted shall be the Treasurer's warrant for payment. And the said certificates shall furt'.-_er provide in effect that the City of Lubbock shall exercise all of its lawful power 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 re- citals pertinent or appropriate.thereto. It shall not be necessary that said cert- ifidates shall be in the exact form as above set forth, but the substance and effect thereof shall suffice. V11. The assessments levied by this ordinance for the improvements in eL�ch Unit are altogether separate and distinct from assessments in each and every other Unit. The a-sessments for improvement's in one unit are in no wise affected by the improvements in or the assessments levied for the imp-ro ,•ements in any ot':ler unit,, and in making and levying assessments for the cost of the irprovements in each unit, the benefits by means of the improvements, and all other matters and thiligs with reference to 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 no wise affect or impair the validity of assessments for the im provements in any of er unit. The omission of improvements in any particular unit in front of any property exempt from the lien of such assessments shall in no wise affect or impair the validity of assessments against other property in that Unit. V111. 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 matte- or thingk 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 assessments or in the certificate issued in evidence thereof, amy be corrected at any time by the City. 1X. All a sessments levied are a personal liability and charge against the real and ture owners of the premises described riotwithsi, .nding such .triers may -,iot be named or may be incorrectly named. X. Fill power to make and levy reassessment-, is in accordance wit'- the law cj.nd proceedings of the City, reserved and vested in the City. X1. The present condition of said streets and places endanger health and safety and it is necessar7 that such improvements be proceeded with while the weat;ier will permit, and same are being delayed pending the taking effect of this Ordinance, and such facts constitute and create an emergency requiring that the rules ind charter provisions providing• for ordinances to be read more than one time or at more than one meeting be suspended and requiring that this Or- dinance be passed as and take effect as an emergency measure, and such rules and provisions are accordingly so suspended and this ordinace is passed as and shall take effect as an emergency measure and shall be in full force and effect immediately from and after its passage. Passed and approved this 2nd. day of Dec. A. D. 1925. ATTEST: J. R . Germany, City Secretary. There bring no further business Read and approved this Q day ST: ecre ary. F. R. Friend. Ilayor, City of Lubboc__, Texas. the meeting adjo7arned. of Nayo , Cit of Lubbock, Texas.