HomeMy WebLinkAboutOrdinance - 2000-O0025 - Closing A Hearing And Levying Assessments - 10/26/2000iM
First ReadingSecond Reading Third Reading
April 27, 2000 October 12, 2000 Oct. 26, 2000
Item No. 27 Item No. 58 r 7=5 Item No. 17
ORDINANCE NO. 2000-00025�n•33 VOL P)88oPACEI12
AN ORDINANCE CLOSING A HEARING AND LEVYING ASSESSMENTS
FOR PART OF THE COST OF IMPROVING THE FOLLOWING STREET: 82°d
STREET FROM AVENUE U EAST TO US HIGHWAY 87 SUCH PORTIONS
BEING MORE PARTICULARLY DESCRIBED IN THE PAVING ASSESSMENTS
OF THE CITY OF LUBBOCK ATTACHED HERETO AND MADE A PART
HEREOF, AND PORTIQII S OF OTHER SUNDRY STREETS, HIGHWAYS,
AVENUES AND/OR 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 CERTIFICATIONS ON EVIDENCE HEREOF, ALLOCATING
FUNDS.
WHEREAS, the City of Lubbock, a Home Rule Municipality, has heretofore
ordered that the hereinbelow mentioned portions of streets, avenues and/or highways be
improved by the raising, grading, filling and paving. and by installing concrete curbs
and gutters and drains where necessary on Sub -Unit 001 of Unit Number 2386, the
paving of streets to be one and one-half inch (1 1/2") asphalt surface on a six inch (6")
or more compacted caliche base and/or asphalt stabilized base, all as provided in the
specifications prepared by the City Engineer now on file with said City; 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 contractual arrangements
for the making and construction of such improvements will be consummated by the City
of Lubbock. Said portions of avenues and/or highways being as follows, to -wit:
82' Street from Avenue U East to US Highway 87, known and designated as
Sub -Unit 001 of Unit Number 2386.
WHEREAS, the City Engineer prepared rolls or statements for the
improvements in the 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 a hearing for the owners of such abutting property, and for all
others in anywise interested, and due and proper notice was given in compliance with
the law, including notices mailed to each known property owner to be assessed,
addressed to his or her last known address as shown on the current City of Lubbock tax
rolls, and such hearing was had and held at the time and place fixed therefore, to -wit:
on the 27' day of April, 2000, at 11:30 a.m. and on the 12' day of October, 2000, at
11:00 a.m. in the Council Chamber of 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 protests and objections made were considered, and said
hearing was in all respects held in the manner provided and required by the Charter of
the City of Lubbock and the laws in force in this City, and by the proceedings of the
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City with reference to such matters, and the following protests were made concerning
the improvements in the units indicated, namely:
Michael L. Allison showed favor for the proposed paving improvements at the
appraised paving rate by of no cost appearance at the hearing.
Chris White showed opposition for the proposed paving improvements at any paving
rate other than at no cost by appearance at the hearing.
Mrs. Audie Howard, showed favor for the proposed paving improvements only at the
appraised paving rate of no cost by appearance at the hearing.
Donna Adams showed favor for the proposed paving improvements only at the
appraised paving rate of no cost by appearance at the hearing.
Adrianne Kathleen Hamilton showed favor for the proposed paving improvements only
at the appraised paving rate of no cost by appearance at the hearing.
Randy Neugebauer, representing Lubbock Land Company showed favor for the
proposed paving improvements only at the appraised paving rate by letter.
Chris White showed opposition for the proposed paving improvements at any paving
rate other than at no cost by phone.
Johnny Owens, representing Lovelle G. Owens showed opposition for the proposed
paving improvements at any paving rate other than at no cost by -phone.
And all objections and protests made were fully considered and the City
Council, having fully and fairly heard all parties making any protest and 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 the opinion that the following disposition should be made of such
protests and objections, and that the assessments should be made as herein ordained;
NOW THEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. 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.
SECTION 2. THAT 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 streets, highways, avenues and/or alleys and
against the owners of such property, and that such assessments are right and proper and
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establish substantial justice and equality and uniformity for the parties concerned,
considering benefits received and burdens imposed, and to further find that in each case
the abutting property assessed is specifically benefited 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 the sum in excess of 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.
SECTION 3. THAT there shall be and is hereby levied and assessed against the
parcels of property described in Exhibit "A", attached hereto and made a part hereof,
and the true and correct owners of the parcels of property described in Exhibit "A",
whether such owners be listed correctly therein or not, the sum of money itemized and
shown opposite the description of the respective parcels of property described in
Exhibit "A".
SECTION 4. 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 nowise 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 having been in nowise affected by any fact in
anywise connected with the improvements or the assessments therefore, on any other
unit.
SECTION 5. THAT the several sums above -mentioned assessed against said
parcels of property, and against the real and true owner thereof, and interest thereon at
the rate of eight percent (8 %) per annum for alleys and for streets, together with
reasonable attorneys' 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 the 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 follow to -wit:
In five (5) equal installments, the first payable on or before twenty (20) 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
(1) year from said date of completion and acceptance; the third installment due on or
before two (2) years from said date of completion and acceptance; the fourth
installment due on or before three (3) years from said date of completion and
acceptance; and the fifth installment due on or before four (4) 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 eight percent (8 %) per annum for alleys
and for streets, payable annually with each installment, so that upon completion and
acceptance of the improvements in a particular Sub -Unit, assessments against the
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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 owners 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 the City of
Lubbock, or its assigns, be and become immediately due and payable, and shall be
collectible with reasonable attorney's fees and costs of collection, if incurred. -
SECTION 6. THAT the City of Lubbock shall not in any manner be liable for
the payment of sums hereby assessed against any property and the owners thereof, but
the City of Lubbock 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 person or legal
entity exercising the function as the Tax Assessor -Collector 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 the City of Lubbock, or its assigns, payment of
said sums shall be enforced by suit in any court having jurisdiction.
SECTION 7. THAT 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 improvements as the work in each 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 the City of Lubbock, or its
assigns, and shall declare the said amounts and the time and terms of the 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 is unknown, then to so state shall
be sufficient, and nor 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 certificatesshall further provide substantially that if default shall be
made in the payment of any installment or principal or interest due, then, at the option
of the City of Lubbock, or its assigns, the whole of said assessment thereby shall at
once become due and payable, and shall be collectible with reasonable attorneys' fees
and costs of collection, if incurred. And said certificate shall set forth and evidence the
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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 sale of the property by the person or legal entity exercising the
function as the Tax Assessor -Collector 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 proceedings with
reference to making said improvements have been regularly had in compliance with the
law in force and proceeding 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 four installments, leaving the main certificate for the fifth installment.
And the said certificates shall further provide in effect, that the City of Lubbock
shall exercise all of its lawful powers, when requested to do so by the holder of said
certificates, to aid in the reinforcement 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 set forth above, but the
substance and effect thereof shall suffice.
SECTION 8. THAT 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 improvements 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.
SECTION 9. THAT 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 anywise 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 any time by the City.
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SECTION 10. THAT 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 may be incorrectly named.
AND IT IS SO ORDERED.
Passed by the City Council on first reading this 27th day of April , 2000.
Passed by the City Council on second reading this 12th day of October _,2000.
Passed by the City Council on third reading th
ATTEST: SEAL
- "-�U- -) 6g���
Kaythii barnell, City Secretary
APPROVED AS TO CONTENT:
�.»tea J s...a 1, �....J .....b.......�
APPROVED AS TO FORM:
y L. Si
Assistant7itttorney
ALS:cp L:/cityatt/amy & ccdocs/82ndU-University-2.ord
May 2, 2000/ amended October 3, 2000
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