HomeMy WebLinkAboutOrdinance - 1093-1951 - Closing Hearing And Levying Assessments For A Part Of The Cost Of Improving - 05/28/1951J
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ORDINANCE NO. 109
AN ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR A PART OF
THE COST OF IMPROVING PORTIONS OF COLLEGE AVENUE AND NORTH COLLEGE AVENUE, SUCH
PORTIONS BEING MORE PARTICULARLY DESCRIBED IN THE PAVING A SESMMITS OF THE CITY
OF LUBBOCK ATTACHED HEIRSTO AND MADE A PART T HEREOF, AND PROVIDING FOR THE
COLLECTION- OF SUCH ASSMiSNENTS, AND -FORT ISSUANCE OF ASSIGNABLE CMITIFICAT
IN EVIDENCE,THEREOF, 'ALLOCATING FIRMS AND DECLARING AN E GENCY.
WHEREAS, .the City of Lubbock has heretofore ordered that the herein -
below mentioned portions of College Avenue and North College Avenue be improved
by raising,, grading, filling, and paving, and by installing concrete curbs and
gutters and drains where necessary on Paving Unit Numbers 1277, 1278, 1279'and
12801, the paving to be of quadruple course asphalt surface treatment (Inverted
Penetration Type) on a six () inch compacted caliche base, together with the
necessary incidentals and appurtenances, as provided in the specifications pre-
pared by the City :engineer, now onfilewith said City; and arrangement for the
making and construction of such improvements and contract was entered into with
Kerr & Middleton, said portions of College Avenue and North College Avenue being
as follows, to -wit;
College Avenue from its intersection with the North Property Line of /+th ;street
to its intersection with the South sedge of Ties of Pecos and: North Texas Railroad,
known and designated as Unit Number 1277.
College Avenue and North College Avenue from its intersection with the North Edge
of Ties of Pecos and North Texas Railroad to its intersection with the South
Property Line of Auburn Street, known and designated as Unit Number 1273,
North College Avenue from its intersection with the South Property Line of
.Auburn Street to its intersection with the South Property Line of Cornell
Street, known and designated as Unit Number 1279.
North College Avenue from its intersection with the South Property Line of
Cornell Street to its intersection with the existing pavement on Clovis Road:,
known and designated as Unit Number 1280„
WHEREAS, the City Engineer prepared rolls or statements for the
improvements in each Unit., showing the amounts to be assessed against the various
parcels of abutting property, and the owners thereof, and showing other natters
and things; and the same were examined by the City Commission 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 proper notice was given,
and such hearing was had and held at the time and place fixed therefor, to -wit:
on the 28th day of lviay, A. D.,,1951 at 1 :00 oxclock A. M. in the Commission Room
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 anrequired by the Charter and Law in force in this City
and by the proceedings of the City with reference to such matters, and the follow
ing protests were made concerning the improvements in the units indicated namely:
None.
r
d 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 City Commission having fuller and fairly heard all parties malting 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 andpropermatters is of opinion that the following
disposition should be made of such protests and objections, and. that assessments
should be made as herein ordained
TMUF RE, BE IT ORDAINED BY THE CITY C01,EISSION OF TI-m CELY OF
LUBBOCK, T .i AA,S
That all protests and objections, whether herein specifically men-
tioned 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 City Commission, from -the evidence rinds that the assessments
herein levied shall be made and levied against the respective parcels of prop-
erty abutting upon the said portions of streets and avenues and against the
owners of such property, and that such assessments are right and proper and
established substantial justice and equality and uniformity between the respec-
tive owners and respective properties, and between all parties concerned, con-
sidering benefits received and burdens imposed, and further finds that in each
case the abutting property assessed is specifically benefitted in the enhanced
value thereof, 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 same by this ordinance, and further finds that the
apportionment of the cast of the improvements is in accordance with the pro-
ceedings heretofore taken and had with reference to such improvements and is
in all respects valid and regular,
II -A.
The City Commission, from evidence considering the benefits received
and burdens imposed, finds that the owners of railroads occupying and/or
crossing portions of streets herein named shall pay and are hereby assessed the
whole costs of improving, including foundation, extra concrete, ties, etc*,
between and under rails and tracks of such railroad and two feet on outside
thereof; the sums payable by and chargeable against railroads and the owners
thereof shall be assessed against them and shall be a superior lien on its
roadbed., ties, rails, fixtures, rights and franchises,_ which tax shall "consti-
tute a lien superior to any other lien or claim except State, County, and
Municipal Taxes.
III
That there shall be and is hereby levied and assessed against the
parcels of property and railroads crossing or occupying streets, hereinbblow
mentioned and against the real and true owners thereof, whether such owners be
correctly herein or not, thesumsof money belowmentioned and itemized shown
opposite the description of the respective parcels of property and railroads.
crossing or occupying streets; the descriptions of such property and railroads,
and several amounts assessed against same, and the Owners thereof, being as
follows: : (Dolls inserted - in Original Copy of Ordinance and in separate
Ordinance Book).
1V
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 so assessed for improvements in one Unit have been in
nowise affected by any fact in any wise connected with the improvements, or'the
assessments therefor, or any other unit.
V'*
That the several sums abovementioned assessed against said parcels of
property and against the real and true owners thereof, and interest thereon at
the rate of six (616) per cent per annum together with reasonable attorneyts
fees and cost 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 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 follows, to -wits
In three equal installments, the first payable on or before ten (l0)
days after the completion and acceptance by the City of the improvements in the
Unit upon whichthe particular property abuts, the second installment due on or
before one year from said date of completion and acceptance, and the third in—
stallment due on or before two 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 6% per annum, payable annually with each installment,
so.that upon completion and acceptance of the improvements in a particular unit
assessments against the property abutting upon such completed and accepted 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 owner shall have
the right to ;day 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 Kerr & Middleton, or its assigns, be and become
immediately due and payable, and shall be collectible with reasonable attorneyts
fees and costs of collection if incurred,
VI.
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
Kerr & Middleton 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 endorced either by
sale of the property by the Tax Collector and .Assessor 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 t es, oP at the _option of Kerr & Middleton or its assigns,
payment of said sums shall be enforced by suit in any court having: jurisdiction.
VII
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 world in
each Unit of improvement as the work in such 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
Kerr & Middleton 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 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 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 any wise invalidate or impair the assessment levied hereby
or the certificate issued in evidence thereof.
The said certificates shall further provide substantially that if
default shall be made in the payment of any installment ,of principal or interest
due, when, then, at the option of Kerr & Middleton, 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,
of 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 default shall 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 proweed«-
ings with reference to making said improvements have been regularly had in com-
pliance with the law in. force 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 performed, which
recitals shall be evidenced of the matters and facts so recited, and no further
i
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 two installments, leaving the maim certificate for the third.
And the said certificates shall further provide in effect that the
City of Lubbock shall exercise all of its lawful powers, 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 recitals pertinent
and appropriate thereto. It shall notbenecessary that said certificates shall
be in the exact form as above set forth, but the substance and effect thereof
shall suffice
V�IT.
The assessments levid.d 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 im—
pair -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.
, IX.
No mistake, error, invalidity, or irregularity in the name of any
propertyowner, or the description of any property, or -the amount of any assess—
ment, or in any other matter or thing, 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 assessment or in the
certificate issued in evidence thereof, may be corrected or at any time by the
city.
X.
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 any be incorrectly named.
I.
The present condition of said portions of College Avenue and North
College Avenue endangers health and safety, and it is necessary that said
improvements be proceeded with while the weather will permit, and the construction
of said improvements is being delayed pending the taking effect of this ordinance,
and such facts constitute and create an emergency and an urgent public necessity
requiring that the rules providing for ordinances to be read more than one time,
or at more than one meeting, be suspended, and that this ordinance be passed as
and take effect as an emergency measure, and such rules are accordingly suspended
and this ordinance is passed as and shall take effect and be in force as an
emergency measure, and shall be in force and effect immediately from and after
its passage.
No Text
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CITY OF LUBBOCK, T.AS
b
PAVING ASSESSMENT ENGINEER'S
COLLEGE AVE, PME
POLL
W;,dth $I Feet From N.P.L.Fourth Street to the South edge of R. R. ties, P. & N. T. R. R.
Keftc4i Middle -bon f Contractor Contract Date: Pavement Type: Quadruple Asphalt Surface
i
Description
of Property
A � �
ti,.7 t3
E M EN
.L
P 1 V � . ._
C-arb +
Lots
j Block
Addition
Front FootAmos
I Property Owner
_per o-.t ft.
t
I A@ 9444 '61;
-
-4
�ro
4 1. A ♦ W. Blankenship
p
� of � � �
13 4�.L
_s See.
C1 , D.LCi. s g
565.7
�
3,3 5i92.
1 565.7
2. Jams Marvin Lock ar
9„3.0
24
� Friend
3.25
743.75
125
3 • Dr. Oia21 Key
1
24
Friend
1.25
743.75
125
4. Dr. Olan Key and Dan G. Wiley
2,3,4o5-,6
� 25
� 325
743.75
� 1.25
5. Champlin Refining Co.
25
Friend
M.3
668.19
112.3
6. South Plains & Santa Fe Ry. 0o,
R.R. Right- of
y - part
of See. 20
. A# o dia
ely North
of Lot
I31k. 25t
end Addi
in
56.9 '
338.55
56.9
2
7. E.• L.Massie
i3
2
Croudh Su
11.2.9
671.75
, 112.9
8. E. H. Garver
I0,11
� 2
C1 h �"att
1.27.5
758.62
1 1.27.5
i
9. N. A. Cox
16,* 3.3,14,15 �
1
Grouch Su
. 1.27.5
755.62
1.27.5
10. City Ice Company
t Ia f1at12
I
Crouch Su
. 1.27.5
� 758.62
1 1.27.5
21. City" of Lubbock
31 3',33,
+
P Su
27.5
758.63
127F5
-
L
PARKHILL, SMITH & COOPER, ENGINEERS Compiled by. _ Checked by,
t ;i
CITE' CF LTl"BBOCK TFX4S
PA VING ASSESSMENT ENGINEER'S
COLLEGE AIMM ROLL
W dth t Feet From N.P.L. FOURTH _ �to the
r South edge of R. R, Ties* P. & N. T. R. R..
Kerr & 1?iddleton, , Contractor Contract Date: Pavement Type: Quadruple Asphalt Surfaca
Property Owner
Description
of Property
A S S
Paving n 3.95
er front ft.
Amount
E S S M E
Curb 4*Qu
;
N T
a
Lots
--
' Block
Addition
-------}----
f Front Foot
------------}--�._._
.4
3+r"- ft .
y
EAST S uE C
�
12, Grady Adcock
8* Of 29
4
Perkins. Su
, 62.5
371.8�
62„
�
_
(}t2.5
3y0 #Y�/Y�- ..5V
���r{
4.
13. H. C. Lewis
N 25t of S-87.51
4
Perkins Sub
, -25
1.48.75
25
of 29,#30,;W 4.5
f
N 25 t of S 87.5
of 28
14, Nancy Cove: 1: il,lians
1T 40 t of 29,30
�
Perkins Sib
1. 40
238.00
4
15. N. A. Ccar & Valton Cox, interest
31rr2o3 *34o35*
1
Perkins Su
. 127.5
758.63
21.7.5
36
16. 061 ir_s fairy Service (Ej. B. collf
s 30029028s27r
1
Perkins Su
a 1.27.5
758,63
127.5
and G.�or-e Cy�Wili4 f
62} tJ l
17. South Plains & Santa Fe Ry. Go,
Railroad' Ri7ht--
4SRoberts;4z.95
�
130.60
21.95
of. va,r approx.McWhorter
S 88.SIt
2r1312*71'.
4
City & Coun
2 13 .2
y UOSTO
Total Cost
PARKHILL, SMITH & COOPER, ENGIFEERS
Compiled by: G' Checked by:',o
CITY OF LITB—OCK,
TEXAS
P A V I N G A. S S E S
S M E PIT COLLEGE AV-,,T E
ENGINEER'S
Dior th Edge cif R . T� . Ties,
ROLL
i dth 84 Feet
From P. & 4a, T.-R. ,.I.. to the
S.F.L. kubttrn.
Street
Kerr' - Mddleton
, contractor Contract Date;
Pavement Type: Quadruple fksnhalt Surfac(
!�
Description
__
of Property`
A S S E S S M E N T
having ,fi"t".5.95 1 Cu�rrb� &:Gum
Proper ty Owner
j
;
er fro s_J. t .-�-�..�.#�"
i
Lots
Black
Addition
Front
FootAM01,121t
ft.
MT SM
F
i
1
p
1. South Plains &Santa
Fe Hy. Co,
1_'�.tt. �'�
Right—of-i-
y — part
f Sec • 20�
�
-
B11c.:A, South el
Second Sireet
56.9
�a
338.56
56.9
12, Anna F. Parks
23
16
Parr .
#
5.9
35,10
5.9
3. Anne F. Parks
1
16
Parks
125.
743.75
125
F. Parks
4. Anna F
2 !�
1 9
Pa
125
7-`�3.75
12�
5
5. Anna F. Parks
9
Parks
125
1
743.75
� 125
6. John W. Halsey,, Jr„
S 50t of W of
Lett 24
S50t&E20f lot21
S5Gt
of
Lets 22 & 23
8
Parka
50
,-97.50
Charge
or 5 Ft. 4Addi i
nal width
of pavement
30.4
s£ , yft
Subgra I
? eparration, Ise,
and SArfacing
c
:6799
51
348.57
50
7. Tames M, Rice
11 75 t of W -� of
Lot 2.4
Charge for 5 Ft. Additional -width
W 2 f&E2 Lol
21 N 7
rkx
75
446.25
j
of Pavement. &2,3so ds Sub rade Pry
aratiop Bas and
S sae
C 6
_
PARKHILL, SMITH & COOPER,
ENGINES
Compiled by:
C L�Z
522. 9 75
Checked by;
Or-LUBBOCK, TEXAS
PAV I it A S 8 E S S M E N T C4 �� � ENGINEER'S
ROLL
7Y.dth $ Feet Firom North
P. ppEdge
N. �gryof• R.R. Ties, to the S.P.L. hubiwt Street
Ke & Middleton , COMtractor Contract rate: Pavement Type. Quadruple Asphalt Surfa4
Property Goner
€ Description
of Property
_ ASSES
Pav i �� � 5.95 I
MEN
Curb -& %
2
Iota
Block Addition
Front Foot
p y
er frc. ft .
I Amount; �.
++I%ft .
.11 of Logs 2 8
&
8.< , L. E. Davis
jWest 301 Lot 1
$ Pariks
12-5
743.75
�
Charge,1far
5 Ft. Additional
v.dt N of
� � n
, 75.9 �,. yd
.
s
Subgra
a PkIAmtion.. Ease
and S,.Irfaaing @
6799
127,50
871.25
y 125
� s
9. C. C. Leftwich
j 23022
1 Pri
125
743.75
325
E 13 t of 21
10. A, 14. 1-ton
Veirt 251 of Lot
1 Friend
325
743.75
� 125
rtMno,
all- of
114. South�Plains & Santa Pe Ry. 06.
Apprax, S 88.85t
of Blk 49'Roberts&
�
°McWhorter
56.9
338.56
56.9
12. Preston E. Smith
3 V= V*a Tholl.l
JAL;
46d.(Replat
342.58
2,038.35
342.58
13. Preston E. Smith
1
fi
�
.
ndw�tt y
bd. (R ` � L
/t�
- 60
�y �
357.-00 .
/n
� 60
bd.(RepL9t
90
535.50
90
OITY OF LUBBWK, TEAS
P A V I N G A S S E S S M E N T ENGINEER'S
LIZ, E AVENUE ROLL
North Edge of R.R. Ties , _,.
W--.dth 81+ Feet From P. & IT, T. R. R. �'o the S.P.L. Au t
l
Y.evr & Middleton , '',antractor Contract Date: Pavement Type: Quadruple Asphalt Siwfea
{
i Description
of Property
A S S E S S M E
N T
Fer1froii4-
-�
--
--
�
Y-----
� _ � _
I Property Owner
ft._
Lots
Block
Addition.
Front Foot
_
Amount
4 f i.
15. 0. A. Webb
S 2501 of Blodk
Roberts &
hurter
i 250
3,,,A.87.50"
250
16. J. D. Leftwich'
IN Of of 9 300t
£ Ulk �9
Roberts &Ild
i
i
JhcrrterQ
t
297.50
50
i
117. J. D. Leftwich
Naft 300t of-
/.9
PdobertS &
i
�
.,dh
300
4785.00
` 300
2p087.28
12..674.33
2$.2S -
0ity &
Total 0
t
PAREHILI., SMITH & COOPER, ENGINEERS
Compiled'by: C Checked by: 6%
Compiled by: Checked by:
P A V I N G A S-SE S S M E N T ENGINEER'S
(IC[LME AVMTUE ROLL
W-I.dth Feet From S.P.L. Gargell StMt to the Existing Pavement on Olmib Road
Xerr& Middletm Contract Pate: Pavement Type: Quadrupls Uphat Surfa
_Description
Property Owner
i
ME
' '. H. P f
---�---�-_-----...-.r.
of Property
' A S' S
E S S M E
N -_
Pawing r� ,.
per frog)+ ft >
_______
' C �zrb
{...�C.u•i:+..A.`
-�
Logs
E Lot of 8 at
Block
Mk 3
r
Addition
C 1 n
.Front Foot
in :
Ammo t
833.00
't,
4
140
Nii ii ♦ iYG
oleman
9Y2Ft. of
Mk !
'+i V • �4 iiii
x.W/'.ri
f,f
w1.W
3. RaUM R. Coleman
1 w df
B1k 2
A. J. Oclemm
135.9
808.61
135.9
I+. G. M. Hersokler
N of
B1k 2
A. J. C*Um
m U4.1
557.39
1l�.1
5. PaUllne Fleming
153.51 of
t fog =
= l
rrower pw
A, J,
wient i
235..2
of 5.95 X235
1099 +
139.9
}.
235.2
6. W ll. + u B. Bauaf ell
—W150 Ft. of
' 1
tU
OdIAZIA
90.0
I
t3rei9it
P8
62.
9 of 5.95 x
.0 �- 33�.�9
-
ry ^.�.p ,& t,....t �t ,� ,`y
i ! . Nati ' 1}l2J�L�.i - atment G1r}' •
�y�, ,�s
-. S 2 A. ail
4rtd
108 ,
itel,ey S
out Of 1,08.
- tz
•
sy�..p}
. 2.08
200*81
+� . "ty
� 1.* l .60 �
� 90
A�.y�y.
208
8. L. D. Whi E. L. F
,�,R:
A. L, - �
)� ���g
N -205 t of G 413
qq
� i
t��,
� kY hit '
01A -of
Markowitz
. �. .
.
205,
OITY OF LUB1300K,
TEW-
P ASSESSMENT COLS E&MUE - ENGINEER
ROLL
W4.dth Feet From to the
S.P .L. € orn�3.l Stxaet Eli sting Pa �n'� an C d
XWT & P ddletcn , i ontractor Contract Date: Pavement Type: Quadruple Aophalt Surtam
Description
of Property-
�Pavi.ng
4 „95
Curb #P4w
i roperty Owner
Lots a
Block
Addition
s Front Foot
Amauft
r. ftth
QDE
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