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HomeMy WebLinkAboutResolution - 084 - Declare Necessity - Paving Improvements - Slide Rd, From S. Loop 289 To 82Nd St - 02_22_1979REsO #8 1 This relates to Ord. #7 8 RESOLUTION p r� VOL 1�y 1U PAGE J94 WHEREAS, the City Council of the City of Lubbock by resolution passed on October 12, 1978 in regular session of said City Council declared a necessity for and ordered the improvement of the outermost concrete curb and gutter on Slide Road from S. Loop 289 to 82nd Street in the City of Lubbock, Lubbock County Texas as more particularly described hereafter, by excavating, grading, and by the con- struction of curbs and gutters wherein curbs and gutters are not now in place, and 'directing the City Engineer to prepare plans and specifications for said improve- iments; and, WHEREAS, it appears to the City Council of the City of Lubbock, Lubbock County !Texas, to be necessary in the public interest to make the improvements herein !designated on this portion of Slide Road; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT improving the hereinafter described portion of Slide Road portions thereo located within the City of Lubbock by excavating, grading and the construction of drainage facilities therein as well as the necessary curbs and gutters which are not now in place be and are hereby found to be a necessity; and, THAT the cost of making such improvements be partly paid for by the City of Lubbock and partly by the hereinafter described property abutting upon that portion of Slide Road which is hereby ordered to be improved, and the owners of such property as a personal liability after, public hearing, all in accordance with and as required by Article 1105b, of the Revised Civil Statutes of Texas amended by Chapter 281 Acts of the 52nd Legislature and amendments thereto. The portion of Slide Road curb and gutter upon which improvements are proposed to be constructed and the abutting property proposed to be assessed for said improvements designated and defined by Unit and Sub -Unit are as follows: UNIT AND SUB -UNIT STREET (86' WIDE) FROM TO 2233-35 Slide Road S. Loop 289 82nd Street THAT the City Secretary be and is hereby authorized and directed to prepare a certified copy of this resolution and to record or cause same to be recorded in the Deed of Trust Records of Lubbock County, Texas: This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 22ND DAY OF FEBRUARY, 1979. IL. ATTEST: ;_Esrelyn Gafrga", City -S�cr'EtyTjly Seaf APPROVED: t Wi.lfo Watson, City Engineer APPROVSAS TO FORM: J C. Ross, Jr., City Attorney *TATE OF TEXAS COUNTY OF LUBBOCK r L C., ` I hereby eertlh that VMS 1nsuvme11 ww fqm an Ada and at the ome stamped he—m by m sn1 ww pp 1 CORMD in the Volume and Pepe of the RICOAK II lubbod: County; Texas as stemped heteen by MAR 6 1979 votes- t � 6-, lhz�-f ;'I V, 9 —u 4�� A I I � ♦ m0(I v OW oo� wommumma Vu ` 18 FAU� JCR:hw /1D11T`,7AT7t1V TT/l 701 4 e -'"" .' A\N ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR A PART OF THE COST OF IMPROVING A PORTION OF SLIDE ROAD FROM SOUTH LOOP 289 TO 82ND STREET, SUCH PORTIONS BEING MORE PARTICULARLY DESCRIBED IN THE PAVING ASSESSMENTS OF THE CITY OF LUBBOCK ATTACHED HERETO AND MADE A PART HEREOF AND PROVIDING FOR THE COLLECTION OF SUCH ASSESSMENTS AND FOR THE ISSUANCE OF ASSIGNABLE CERTI- FICATES IN EVIDENCE THEREOF, ALLOCATING FUNDS. WHEREAS, the City of Lubbock, a Home Rule Municipality, has heretofore i; ordered that the hereinbelow mentioned portions of Slide Road be improved by `1 installing the outermost concrete curb and gutter on Unit Number 2233-35 to- gether with the necessary incidentals and appurtenances, all as provided in the specifications prepared by the City Engineer, now on file with said City; i' and arrangement for the making and construction of such cdrb and gutter im- provements and contract to be directed by the Texas State Highway Department, said portions being as follows, to -wit: i E� West and East sides of Slide Road from its intersection with the South Pro- ,! j perty Line of South Loop 289'to its intersection with the North Property Line of 82nd Street, known and designated as Sub -Unit Number 35 of Uriit. Number 2233. WHEREAS, the City Engineer prepared rolls or statements for the improve- ments in said unit, showing the amounts to be assessed against the various parcels of abutting property, and the owners thereof, and showing other martPrs and things; and the same were examined by the City Council 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 noticd was given in compliance with law and in addition notices were mailed to each known pro- perty owner to be assessed addressed to his last known address, and such hearing was had and held at the time and place fixed therefor, to -wit: on the 22nd day of February, 1979, at 2:00 o'clock P.M. in the Council 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 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 no protests were made concerning the improvements in the unit indicated, namely: Sub -Unit 35 of Unit 2233 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 pre- sented for consideration, and having fully considered all of the evidence, and all pertinent and proper matters is.of opinion that the following dis- position should be made of such protests and objections, and that assessment should be made as herein ordained, THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: JCR:hw 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 except that it was found that; Lots 197, 198, 260, 261, 274, 275, 288 and 289 of Spanish Oaks Addition of Sub -Unit 35 of Unit 2233; the South 72.55 feet of the East 313.50 feet of Tract D-2, Sentry Park Addition of Sub -Unit 35 of Unit 2233; the North 161.75 feet of Tract D-3, Sentry Park Addition of Sub -Unit 35 of Unit 2233 were erroneously included in the public notice and`in the contemplated ordinance and in other proceedings; therefore NO ASSESSMENT shall be made against the property included in said Sub -Unit and the City Engineer is hereby directed to delete and/or omit the previously described properties from the engineer's assessment roll for said Sub -Unit consistent with this finding. II. i 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 established substantial justice and equity and uniformity be- tween the respective owners and respective properties, and between all parties concerned, considering benefits received and burdens imposed and further finds c that in each case the abutting.property assessed is specifically benefited in the enhanced value thereof, by means of the improvements in the Sub -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 i; further finds that 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. i I III. 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". E IV. ji is That the assessments so levied are for the improvements in the parti- cular Unit upon which the property described abuts, and the assessments for �f the improvements in one Unit are in no wise related to or connected with the i` improvements in any other Unit, and in making assessments and Yin holding said i 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 therefor, or any other unit. ' . , JCR: is f is Cj 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 seven (7%) percent per annum-for alley and six (6%) percent 3' per annum for streets, together with reasonable attorney's fees and cost of f.rn collection, if incurred, are hereby declared to be and made a lien upon the I-- 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 con- stitute the first enforceable claim against the property assessed, and shall ' be a first and paramount lien, superior to all other liens and claims, except j State, County and Municipal taxes and the sums so assessed shall be payable as follows, to -wit: " In five equal installments, the first payable on or before twenty (20) days after the completion and acceptance by the City of the improvements in E; the Sub -Unit upon which the particular property abuts; the second installment due on or before one year from said date of completion and acceptance; the third installment due on or before two years from said date of completion and acceptance; the fourth installment due on or before three years from said date of completion and acceptance; and the fifth installment due on or before four 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 7% per annum for alleys and 6% for streets, payable annually with each installment, so that upon completion and acceptance of the improvements in a particular Sub -Unit, assessments against the property abutting upon such com- pleted and accepted Sub -Unit shall be and become due and payable in such in- stallments and with interest from the date of such completion and acceptance, provided that any owner 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 pay- able, and shall be collectible with reasonable attorney's fees and cost of col- lection 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 the City of Lubbock, shall look solely to said property, and the owners there- of; 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 Tax Collector and Assessor bf 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. b i, JCR:hw 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 improvement as the work in such Sub -Unit of improvement 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 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 owner is 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. The said certificates shall further provide substantially that if default shall be made in the payment of any installment or principal or interest due, when, then, at the option of the City of Lubbock, 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 cost of collection, if incurred. And said certificates shall set forth and evidence fhe 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 proceedings with reference to making said improvements have been regularly had in compli- ance 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 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. 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 not be necessary that said certificates shall be in the exact form as above set forth, but the substance and effect thereof shall suffice. r' JCR:hw VIII. .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. IX. 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 assess- ment 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 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. Passed and approved by unanimous vote of the City Council this 22nd day of February, 1979. Passed and approved by unanimous vote of the City Council this 8th day of March , 1979. Passed and approved by unanimous vote of the City Council this 12th day of April , 1979. Tq DIM WEST, MAYOR ATTEST: Evelyn Gaf ga, City c y-Treasurer APPR VED AS O NTENT: Seal • i'. � � Wilfcixd b. Watson, City Engineer AP OV9D AS TO FORM• f Job C. Ross, Jr., City Alto, ey Aetum to Percy o. Boren Paving Dept. City Hall THE STATE OF TEXAS COUNTY OF LUBBOCK CITY OF LUBBOCK I, EVELYN GAFFGA, hereby certify that the attached RESOLUTION NO. 84 is the original document passed by the City Council on February 22, 1979, and appears of record in Minute Book 38, Page III, Item 196. TO CERTIFY WHICH, witness my hand and seal of the City of Lubbock, Texas this 5th day of March, 1979. c Seal Seal VIELYN GAFF(;A City Secretary -Treasurer VOL 718 PAGE J93