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HomeMy WebLinkAboutOrdinance - 201-A-1921 - Levying Assessments Against Abutting Property - 05/18/1921Ord inan5 201-A 3 Pa4a,-. _ - Min. Book 3. AN ORDINANCE LBWI' G ASSESM019TS AGAINST ABUTTING PROPERTY AND THE OWRS THEREOF FOR A PART OF THE COST OF IMPROVING PORTIONS OR SOUTH FIRST STREET, BORTH FIRST STREET, SINGER STREET* CHESTNU STRE T, CEDAR STREET AND TS OIL PAYMENT THEREFOR* AND DECLArING AN EMRMCY. Be it ordained by the City of Lubhockp that whereas the City com- mission of the City of Lubbock has heretofore ordered the improvement of the following portions of streets in the city of Lubbock, to -wits South First Street from the West property line of the Talnut Street to the East property line of Cypress Street; North First Street from the right-►of;way of the Panhandle & Santa Fe Railway t; ompany to the East property line of Cypress Street; Cedar Street from the North property line of South Third Street to the South Property line of South First Street,& and from the Borth property line of South First Street to the South property line North First Street, and from the North property line at north First Street to the South Property line at North Third Street; Singer Street from the North property Line of South Second Street to the South property line of South First Street* and from the North property line of North J+irst Street to the South property line at Worth Second Street; Chestnut Street from the North property line of South First Street to the South Property line at Worth First Street; and Ash Street from the North property line at South First Street to the South property line of North First Street* And whereas, contract for the making and constructing of such improwe- mente, including among other things* raising* grading and paving same, and making and installing concrete curbs,& gutters and the apurtneances, was let to the Panhandle Construction Company; and the amity Engineer filed with the City Ccmmmission his statement showing among other things estimate cost of such improvement, and the portions of such costs proposed to be assessed against each piece and parcel of property abutting upon said portions of streets* -ind a,rainst the owners thereof, and giving the names of the owners* and showing all other matters and things required and provided by laws and the proceedings of said city with reference thereto, and same has heretofore been corrected and ap- proved. And whereast by ordinance passed and adopted on the 23rd dray of April, 1920,& it was ordered and directed that a he -ring be given to owners of such property, and all others intested therein on the l8th day of May, 1920# at 200 Otelock P.M, in the City office in the County Court House of the City of Lubbock; And whereas, after due notice thereof, both by publication and by letters, said hearing wars held at aiad time and place, and the cost of said improvements determined, and the benefits thereof determined, and the regularity of all proceedings incident thereto and connected therewith determined# and all persons desiring to be heard were fully and fairly heard; and it was determined - t the said he.;ring that the sums shown by the said corrected otRtement, and herein below set forth, be assessed against the respective lots and parcels of land therein* -nd herein below mentioned, and against the owners thereof. And whereas* the condition of said portions of said streets endangers the public health and safety and creates an emergency and an urgent public necessity that the rules be suspended* and that this ordinance be passed as an emergency measure and take effect immediately. That there be, and hereb-, levied and assessed against each of the parcels or lots of land hereinbelow mentioned, and against the owners thereof, the sums and amounts set opposite same, such assessment being at the rate per frontibot and in the amount shown, the descriptions of said property and the names of the owners thereof, the number of front feet of each piece or parcel of property, the rate per front foot for paving and cost of such paving, the number of finial feet of ourb, the rate per foot for curb, the cost of such curb and the total assessed cost against each lot and the owner thereof being as followat toy -wit: (See Page 578+579) the amount assessed againstthe respective lots or parcels ofproperty and the owners thereof, being in each case less than the benefit thereto in the enhanced value thereof, and the amounts of said assessments and the total amount assessed as above shown being less than the amount permitted by law and the proceedings of this City■ z. That the sums so assessed against each of said parcels or lots of land shall be and are hereby made a first and prior lien on the said lots or parcels of land against which they are assessed# prior to all other liens or claims whatsoever, except for State-r- County and Municipal taxes, and said sums are 1we'by made and declared to be a pero sonal liability and charge against the owners of said lots or parcels of land, whether such owners be correctly named herein or notes 3. And said sums so assessed shall become due and payable as follows, to#wit: C,e-Third (1/3) thereof immediately upon the completion and acceptance .of the said improvement, in front of or abutting such property; d e--Third (1/3) one year thereafter, and ones -Third (1/3) two years thereafter, and such assesment shall bear interest from the date of such completion and acceptance until paid at the rate of .fight (8) per cent, payable with each installment as same matures; provided, however, that each and every property owner shall have the right to pay any or all of such installments 7:-ith accrued interest at a -ay time prior to m-iturity; and provided that the failure to pair any installment promptly as the same matures, shell at. the option of the beneficial owner and holder of such, assessment mature the entire maount thereof, and same shall thereupon, together with reasonable attorneys fees and cat of collection if incurred$ become immediately due and payable, and said interest and said reasonable attorneys fees and costs of collection if incurred are hereby made and declared to b-e a first and prior lien upon the said premises, and a personal charge and liability against the owner thereof, 4t Portions of said improvements when completed may be accepted b-• the city* though other protions thereof may not have been completed& and acceptance of any completed portion shall not in any wise affect or impair the assesments on any other portions, and upon the completion •znd acceptance of any portions of said improvement.i, the City shall issue to said Panhandle C)nstruction Company certificates evidencing the assessments therefor# setting forth in appropriate terms the amounts thereof, the description of the property, the time and terms of payment, and reciting substantially that all proceedings connected 1•d th the making and constructing of said improvements and the levying of the assessments therefor= have been had and performed in the manner required by lays, and such certificates shall be prirmafacie evidence of all the matters and things recited therein, and no other proof shall be required in any court, and such ceftificrtes may contain other and additional recitals pertinent thereto. 5. The ommission of any portion of said improvements shall not in any wise invalida.tea affect or impdr any assessment levied for any completed pootion, but the said improvements may be ommited abutting any property which may be exempted by law from the lien of such assessment, and any other portion of such improvements muay with the consent of the ity be ommitted• 5a, No mistake in the name of any owner# no miedescription of any property, and no irregularity shall affect or impair the validity of any assesz*+ meat, and full power to correct,, or revise any error or irregularity invalid-ting in any manner the said assessments, or any error in the name of any owner, or in the description of any property, is hereby reserved in the City, together with full power to make ^nd levy azW re -assessments. 7* The fact that the making end constructing of said improvements is being delayed pending the taking affect of this ordinance* and the fact that the condition of said protions of streets endangers the public health and safety* creates an emergency and an urgent public necessity requiring the suspension of the rule providing for the reading of ordinances at several separate meetings# and require that this ordinance take effect immediately* such rules are accordingly here dispensed with, and this ordinance passed an an emergency measureq and shall take effect from and after the meeting of it's introduction. Passed, adopted and approved this 18th day of may, A.D. 1920. COE, Parks ayor o he My of Lubbock. Attest: J.R. German My 5ecre ary of e UMF of Lubbock.