HomeMy WebLinkAboutOrdinance - 065-1912 - Construction Of Fourteen Feet Of Concrete. - 01/08/1912(MD3NANCB NO* 65,
AN ORDINANCE TO ASSE8S THE COST OF CONSTRUCTIM FOU"FM FOOT COjfCRETg
SI DETAL1$8 IN FROXT OF AID AM"T IlNG LOTS HUERRD S IXT T= f 10) and Seven -
TOO
(1'?) IN BLOCK MWER 00 1 1 AND THIRMPWR (1:16) ON BROADWAY
AIM OF CON9TRUCTIM Fad FOOT CMCRZTF SIMWALBS Ito 72MT OF AND
ADMINC LOTS D ELF (11) AIM TMMVX ({�_2) IN BLOCK MMM ONE
Ho�vDRED AND Fi `2 105), LOTS NO MM TRELTE (1!) AND TMRTM (14 )
IN BLOCK NOMBIN ONE HQNMED AND SIX (M) AND Lars M My (9)
AND TIN (10) 1N BLACK MWER ONE MNDHED AND MV M 40?) ON AOM FIRST
STREET ADAIFST THB 0INER8 OF SAID PROMM A15MINO UPOW SAID SICTIM'S
OF SM STUNT'S AND MM PROPBINle AND TO PMYIYffi IMP 'TM wroRahme
AND COLLWTION T'HSAEOF.
Be it Ordai nAd by the City Council of the City of Lubbock, Texas t
WMQU AS the City Council of the City of Lubbock, Texas r heretofore
by Resolution ordered the iaprovemnt of Broadway in i'ront of and
abutting lots nanbered. Sixteen (16) and Seventeen (11) in Block
Dumber One Hundred and Thirty Four (1ft) and North i'irst Street in
front of and abutting Lots lumbered Eleven (11) affi Twelve (]a )
4ered
lock Number One Hundred and Five (UM), Loft =nbered Twelve (12)
Fourteen (ld in Block Nomber One Hundred and biz (106) and lots
Mine (91 and Ten (10) in Block Number One flhndred and seven
U") by constructing fourteen foot concrete sidewalks in front of and
abutting said sections of said Streets afaresaidl ands
WKCM 9# is accordance with said Resolution, the consulting engineer
prepared plane and epeaiflestions for said work and riled the same
with said City Ccuaeilp which woo approved thereby; ands
11RBI�EII.S, after due a&srtissent for bids for said wor°!r9 at required
by Law and the Ordinances of this City# the bid of W11mering & Mhllen
for 844L work of improvement was adopted by the Council; ands
L.A. Hitchcock* Consulting SngiZteer� in accordance with said
Asaol tom ordering said warn, and the Law and Ordinances of this
City, thereafter prepared a written statement cmtaining the nanse of
the personas fLrms# corpar ations and Estates omming property abutting
said Vemontse together with a description of their property=
and Rise an estimate of the coats of said improvemints, and of the
proportion to be paid by each of said property owners, Said state.
sent otherwise complying with the Ordinances and Laws of this City
and which mw approved by the City Council; and,
mmWo thereafter, on the 13th day of Novenber A.D. 1911s, the City
Council by Resolution declared the necessity of the assessing the costs
of c oastructieg said improvements against the owners of said abutting
property and their property.
WMF.AS# Thereby the City Secretary was to give notice to the owners
of said property their agents and attorneys of a he -ring to be had
before the City 10nne12 of the City of Lubbock at the lity Hall in said
City on the $Bnd day of December f A•D. 1911 at B O'*olook Poll*,
In the Council Chamber, at which hearing all of said owners, their
agents and attormsya or the interested persazn * might appear and file
their ob jectione, if any to said specifications and cam tru ction of
said improvements, and offer ervidenve and that the said hearing should
be deferred from day to day until fury accomplished; and,
WSEREA.9+ ssid Resolution pravided that at saM40etlng said property
owners, their agents or attorneys should be heard as to the amuntto
On be assessed against then and their property, and as to the benefits
Of said improvements on said property, and, as to any other matter or
thing in connection therewith; and,
wiiERRAS# in accordance with said Resolutio% the City becretary did on
the 8th day of December A*Do 1911, carry out said Resolution by giving
notice thereof to said property owners, their a1pnts and attorneys in
accordance with Law and the Ordinances of this City by publishing said
notice three times prior to said hearing in the iuhbock Avalanche a
Newspaper in general circulation in the City of Lubbock, said notices
having been published in said Lubbock Avalanche on the 7th, 14th, and the
21st days of Dec. A.D. 1911, and also giving notice thereof by register-
ed letter eonta ining said not ice deposited in the Postoffiee of the
City of Lubbock Addressed to each of the owners of said propert
the first of said puclication of said notice and the date of the deposit
of said letters in the postoffice being at least ten days prior to the
dates of said hearing, and
M EREAS, the said hearing was held before the City Council at the time
and place designated in the said resolution and notices, in the
Council Chamber'j in the Gity Hall, on the 22nd day of December, A.D. 1911, and,
WMEAS at said hearing a full opportunity having been given to all
persons interested to be heard, the said hearing was abseil, and,
W EAS, from the evidence before us, said Council is of the opinion that
the costs of said improvements should be assessed against the owners
of said abutting property and their property abutting upon said imprave-
ment; and,
WHERM, said Council determined that the costs assessed against the
abutting property and its owners, should be assessed and apportioned
between them as hereinafter set forth, in proportion as the frontage
of each owner is to the whole frontage to be improved; and`
wEMAS, said council, from the evidence and facts before it, upon said
hearing did determine that said assessment is just and equitable, having
In view the special benefits in enhanced value of the property to be
received by each owner, and that the benefits in enhanced value of each
parcel of property hereby assessed by amounts of said Improvements ex-
ceeds the amount assessed against the same.
74TFKRW the Lity and wilmering & Mallon entered into a contract for
the construction of said work as required by Law, and said wilnering
& Mallon filed their bond with an approved surety for the construction
of such work, which contract and bond were approved by the City Council*
Now therefore be it Ordained by the City Councils»
1, That there shall be assessed and is hereby assessed against each
parcel of the aforesaid property abutting upon said sections of said
streets and against the owner am$ owners thereof hereinafter named,
described and set forth the sev*ral and respective amounts below
specified as to each of said Owner or Owners of said property, and
the description of their property, and the amounts to be assessed
against each lot and_ s owner or owners being as follows] to -wit: -
Owne" name
J.M. Py+eett
w w
R. Re
White
• =;rank Bowles
S.B•
Norwood
S,B.
Norwood
Mrs,
M.kf• Abernathy)
Nag,
Abernathy j
LIST OF PROPSRTY.
Block
Lot
Front feet
Costs,
105
11
28
$80,00
105
12
25
79.00
106
12
25
79,00
106
14
=w
79.00
147
6
f5
79.00
107
10
E5
80.00
134
16
25
184.19
Mrs. 2.Q, Abernathy
Met►. Abernathy 134
2• That a lain to hereby fixed
of property to secure the amount
owims shall be personally liabl
or her property respectively,
e
17 25 78*05
upon each of the above described pareels
assessed against it, and each of said
for the amount assessed agaim t his
That the amounts assessed against acid property anyi the owners thereof
shall be payable as follows; to -wit:
.v • 1 '
Fifteen days after the completion and acceptance of said work b: Oe
City of Lubbock and the came shall beer interest at the rate of 01&t
per amt per ann= from and after fifteen days after the coapeltinn and
acceptance of said work by the City, if not paid.
Upon payment of said assessments in full by the owner, the City shall
,, oaxse to be executed by its Mayor and attested by its Secretary
r, t'
a release of the lien of such assessmante That the amount herein
assessed against any parcel of proppeerty and the owner thereof* to-
gether with all costs and reasonablo expenses in collecting the sane
together with reasonable attorney*s fees, when incurred, shall oonsti-
tat* a personal claim or lien against such owner and be secured by a
lien upon such property superior to all other lines, claims or titles
except States Ceunty and City Texas and in ease or default in payment
of sneh assessments such personal liability and lien shall be enforced
by suit in any Court of competent jurisdiction.
3• That assignable certificates may be issued by the City against
each parcel of property abutting upon said improvement aforesaid
and the owi2ers there of for the respective amounts assessed against
each owner and parcel of property aforesaid, which certificate shall
be payable to Wilmering & Mullen or their order, and shall set
forth and declare the amount to to paid by each of said owners as
herein assessed against his or her property and the time and terms
of p gmnt as herein provided and shall describe lots or parcels of
property referred to therein by naudbere and block or other description
an may identify the samb with reference to other facts recited, an
If the owner is sown, or said lot its owned by an estakt, it she
be sufficient to so state the facts in said certificate, That said
Certificate shall provide that default in payment of the sores or
ttexest thereon, shall, at the option of Wilaering & Mullen, or other
ha►ider thereof mature the said Certificate for the lull amunt of
principal and Inter st unpaid thereon, and that upon default the
entlaee amount due upon nay eertifleate shall become due and colleqftbla
ataey�s teas, if the sane has been incurred. That slid certIftc 6
shall recite that the proeeadi.np with reference to mating snob imparove-
nents Bove been regularly bad in eoaplianae with Law and that al1
prewegaisites to the fixing of the assessment lien against the property
dasaribed in said eertitioate and the personal liability a4pinst
the owner thereof have been performed and sueh recitals shall be
price facie evidence of the facts se recited and no further hoof
thereof shall be required in any court:
That certificate shall be executed by the Mayor and attested by the City
Secretary with the corporate stag and shall po OV14e that the amaants
payable evidenced thereby shall be id to the Tax Collector of the
City of I�tbbocks who shall pa
l issue his receipt therefor which shall be
evidence thereof upon demand for same whether by vi;U of said
certificate or any contract to pay I&e sear entered into by the owner.
The Tax Collector.shall deposit all sums received by him upon said
assessments fortboftth with the City Treasurer and such Treasurer shall
keep the same in a separate fund which is hereby designated and
to aledq
*Special improv�easent land", and whenever any payment
the
Treasurer_, he shall upon presentation to him of the certificate upon
which said payment has been made, pay the holder thereof the amount
so paid upon such certificate and endorse said payment on said cer-
tificate and such eadersement and credit shall be the Treasurers
warrant for =kfng sucli payment. Said payment by the Treasurer shall
also be receipted for in writing by the holder of the certificate to the
Treasurer and by the surrender of such certifica a when the principal
thereof together with accrued interest and costs of collection has
been paid in full.
4• That this Ordinance shall take effect frcan and after its passage and
publication as required by Law.
Passed by the City Council in xWlar Session the Sth day of January,
A,D* 1912*
Approved the Sth day of4anuary„ A.D, 1912.
k•,E, Wheelock, Megr
(goal)
Attest: W,M- Sb$'a, City Secretaryz