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HomeMy WebLinkAboutOrdinance - 260-1924 - Paving Ordinance Filed With Other Paving Ordinances. - 05/31/1924r---, ~--~~------~~~·==================, __, ~ ==*= '· ORDINANCE NO. 260 THIS ORDINANCE IS A PAVING ORDINANCE AND IS FILED WITH THE PAVING ORDINANCES: ORDINANCE 260 • .ORDIJlA.BCE APPROVING ENGINEER'S ROLLS OR S!A1'EJlEJl!S J'OR DIPROvmmliTS Oli 1'HE BEREDmELOW UENTIONED PORTIOJS OF S'l'REETS AlmA VEEU:ES DETKRKIBIIG TO ASSESS A PORTIOB OF THE COST OF XMPROVEUENTS AGAIEST ABUTTING PROPERtt AND THE OWBERS !HER"EOJ' ORDERING HDRillG FIXING TillE AliD PLACE THEREFOR Alm DIRECTING KOTICE 'fHERBOF, AND DECL.\RIE'G All EURBGRRCY ACCOUNT POOR COB.DITION OF STREETS. WBERBAS, the City of Lubbock has heretofore ordered t ha t the hereinbelow mentioned portions or streets and avenues. among others, be ~proTed by raising, grn.din.g and 'filling same, paving with f'oundn tion, and construc ting curbs and gutters, all with appurtenances a nd aceeeeoriea, nnd otherwise i mproving same, with a general system of storm sewers md dra in& tn · some u n its, and plans and specific ~ti on s for s uch improve- menta were adop ted nnd approved, and bids advertised f o r a nd received, a nd contrq.ct 1t here:f'or entered into witb Panhandle construction Company, ·1 a nd pursuant to proceedings or the City, the Uity Engine ers have prepared and filed vri th the Ci t.y Commission rolls' or statements for the improvements on the hereinbelow ment.ione d p ortions o~ streets and avenues, and showing thereon descriptions of the ~ri ous parcela of abutting property, with names of owners as te.r as kno wn, ~ith the amounts proposed to be a sse ssed against each such parcel of property for improvements on t he unit upon which the particular property a buts, a nd showing other matters and things, the said portions ot streets and avenues in cannection with which such rolls or s tatement ha ve been filed being as ~ollows 1 to•w1t1 Broadway Stree t from ita intersection with the West property line ot Avenue X to its intersection with the East prop e r ty line of Avenue K, known and de s ign~ted as District or Unit Bo. 1, the type at p a vement to be 2i inch v ertical fibre brick on c oncre t e found a tion. Broadwa y Stree t from its intersect.ion with the We s t prop erty line o~ Avenue Jl to its i .ntersection with the East proper ty lin e of Avenue P, known and de s igna ted as SDistriot or Uni~ No.2 , t he type of p ~vement to be 2i inch vertical 1"1bre brick on conctete foun.llatiou. Broadway Street h'om 1 ts in\eraection wi tb the E.a s t property line of Avenue P to its intersec tion with the East prope:ty line or Avenue u, known and des!sna ted as Diatriot or Unit Xo. 2-a the type of pavement t o b e 2t inch vertica l fibre brick on concrete foum ation,. · · Broadway Street from 1 ts intersection with the East property line t1 Avenue U to its intersection with the Ea st property line of Avenue U to its inters ection ·with the East property line ot Avenue Y, known a nd designated as District-or Unit Bo. 3• the type of pavemen~ to be 2l inch vertioa l fibre brick on concrete foun~~tion. Jla i n Street from its inte.rsection with the West prope:tty line of Avenue X to its inte?dec~ion with the Bast property line of Avenue ll, and from i ·ts interesection with the West property line ot Avenue K to its inte~aection with the West property line o! Avenue D, known n nd designated m District or Unit Bo. 4, the type ot J'avement to be 2l inch vertical fibre bri~k on concrete foundation. Kain St%eet, from its intereection with the West prop e rty line ot Avenue B to its intersection with the Ea s t property line of Avenue P. known and desi gna ted a~ District or Unit No. 5• the type of pavement to be 2j-'1nch ve.rtical fibre brick on concrete foundati_on. Jla:l n Stre e t t rom 1 ts intera~tion wi tb tbe East property lJ.ne o~ Avenue P to i~s intersection wi~ the ~ast property line of Avenue u. known and deaign~ted as District or Unit No. 6• the type ot pave• ment to be 2t inch vertica l fibre brick on concrete foundation. Jlain StreP.t fr om i te intersection with 1b.e East property line ot Avenue U to its intersection with the East property line of Avenue Y, known a nd deaign~ted ~s District or Unit Bo. 7, the type o.f p a vement to be 2t inch vertical fibre brick on concrete tourdation. Seventh Street trom its intersection with the East property line of Avenue K to its intersecti on with the East property line of Avenue Q, known a nd designa ted as District or Unit No. 8, the type of pa vement t o b e 2t inch vertica l fibre brick on concre te found ' t1on. Ord-~~~-Page 2. ~ 1.enth Street from ite 1rttereec:1~:::~tl the Wed property lim of ·Avenue I to 1 ts intersection with the West propert.y line of Avenue K, known and design~ted aa District or Vnit Ho. 9, the type ot pave• ment ~ be 2t inch vertica l ~ibre brick on concrete founda tion. Tenth Street from its intersection w~tb the Eas t property line o~ Avenu~ Gt to ita .intersection with the Eas t prope rty line of Avenue I• known and designa ted a s District-or Unit No. lOt the type ot J&Vement to be 2t i n c h v e rtica l fibre brick on c on cret e ~oundation. Broadway Streett from ita intersection with a point 2 fiet East or the east rail of the East side track of the Santa Fe Railway to its intersection with a point 280 feet East of the Eas t property line ot Avenue A, knO\?n and designated as District or Unit No. 11. the type of pavement to be 2t inch vertical fibre brick on concrete founda tion. Broadway Street from its intersection with the We s t p roperty line ot· Avenue F, to its intersection with a point 2 feet We s t of the West rail of the West track of the Santa Fe Bailway, known, a nd designated as District or Unit No. 12• the type ot paveme nt to -b e 2i inch vertical fibre brick on concrete foundation. Thirteenth Street from its intersecti on with the East property line of Avenue G to its intersection with the Eas t property l i n e of Avenue ~~ known and designa ted as District or Unit No. 13, the type of pave• ~ent to be 2i inch vertica l fibre brick on concrete founda tion. Thirteenth Street trom its intersection with the West property liae ~ Avenue I to its intersection with the llest property line of Avenue L• known and designated as District or Unit Bo. 14~ the type ot pa vement to be 26-inch vertica l fibre brick on concret.e foum a ti on. Thirte eneh Street tram its intersection with the West property line d Avenue Lt to its intersection with the West property l ine of Avenue Q. known a nd designated as District or Unit No. 15• the type of pavmalnt to be 2i inch vertica l fibre brick on concTete found ~ti on. Sixteenth Street, fr om its intersection with t h~ We s t p r op erty line af Avenue H, to f. ts intersection with the East property line of' Avenue Jlf: known and designa.ted. as District or Unit No. 16, the type of pavement to be 2t inch vertical Cibre brick on concrete foundation. Sixteenth Street from it& intersection with the West property line of Avenue 11, to its intersection with the East property line of Avenue Q •. known as District or Unit No. l7t the type of pavement to be 2t inch vertical fibre brick on concrete foundation~ Aveneu Q, from ita intersection with the So uth property line of Sixth Street to its intersection with the ~orth property line of Main Street, and f'rom 1 ts intersection with ·the South property l ine of Us Street to 1 ts intersection ""i th the llorth property line of Broa.dwt17 St-,eet,. known and designated as Unit or District l!To.1 lS, t he type of pavement to be 2i inch vertical fibre brick on concrete foundation. Avenue Q, from its intersection with the South property line of Broadway Street to its i n tersection with the E'orth prope r ty 1i n e of Thirteenth Street., and from its intersection with the South p roperty line of Thirteenth Street to its intersection with the Ior th ~r op erty line ot Jlineteenth St.reet, ltnoVTn and designated as District or tJni t Wo. 19• the tn>e of pavement to be 2f inch vertical tibre brick on c oncrete 1"ounda• tion. Avenue K9 from its intersection with the South property l i n e o£ Seventh Street to its intersecti on with the North prope rty l i ne of fhi~enth Stree t, known and. designa ted as Dist.rict or Un 1 t No. 2 0t the type ot pavement to be 2i 1Dch ve r tical fibre brick on c onc re te f oundati on. · Avenue X, from its intersection . with the South property line of Xhit- teenth Street to itA intersection wi~ the Borth property line of Nineteenth Street, known and designated as District or Unit No. 21, the type of pavement to be 2t inch vertical fibre brick on concrete founda- tion. Ord.-# ~ Page 3. Avenue X from its intersecti cm with the South property line of Tenth SU'~et to its intersection with the liorth property line of thirteenth Street, known and designated as District or Unit I.-22. the type o~ pavement to be 2t inch vertical r~brc brick on concrete foundatio~. Avenue .J, from its intersection with the Borth property line of Tenth Stree t to its intersection with the Borth property line of Yain St.• known and designated as District or Unit No. 23. the type of p a vement to be 2t inch vertica l fibre brick on concrete found ·,tion. Avenue J'• from its intersection \vi th the South property line of Broadway Street to its.intersection with the South property line of Thirteenth Street, known and designated as District or Unit No. 24t the type of pavement to be 2i inch vertica l fibre brick on concrete foundation. ,. Avenue I, from its intersec~ion with the Borth property line of Jt·olr• teenth Street to its intersection with the Borth property line ot .:b•tfteenth Street, known and desipated as District or Unit Xo.- 25, the type of pav-ement to be 2-t inch vertical 1"ibre brick on concrete Foundation • . ~ -Avenae I, from its intersection with the Borth property line of ¥if• teenth Stree t to its intersection with tbe South property line of Sixteenth Street, known and designated as Unit or Distl'i,t\t :No. 26• the ·type of pavement to be 2t inCh vertical fibre brick on concrete foundation. Avenue H, from its intersection with a point 2 teet South of the ~outh rail of the oouth 'rack of the Santa Fe Railw a y to ~ts intersection with the Borth p~perty line of Tenth Street. knOWl1 a nd design~ted as D1st~ict or Unit No. 27~ the type of pavement to be 2! ~nch vertical fibre brick on cone rete foundation. Avenue H, fra.m its intersection with the South property line of fbi~~ teentb Street to ita intersection with the S ou t h p r operty line of l.if'teenth Street9 known and designated ae District-or Unit No. 289 the type of pavement to be 2t inch vertical ~ibre brick on concrete i"oundation. Avenue Ht fro.m ita intersection with the South property line of •itteentb Street to ita intersection with the lforth property line cf Binet~enth S~re e t. known and designated as District or Unit No. 29• the t)pe of pavement to be 2t inch Yertical fibre brick on concrete founda tion. · Avenue G, from~ts intersection with the Borth property line of Tenth Street to its intersection with the liorth property line of' lll'ain Street, known and de signa ted as District or Unit No. 30• the type of pavemm t to be 2j-inch vertiee.l fibre bri§k on concrete foundation • ... ~~ Avenue G, from its interseetiCJn with the ~outb property line of Broadwa7 Street to its intersection with the South property line of Thirteenth Stree~, known and designated as District or Unit No. 31• the type ar pavement to be 2t inch vertical fibre brick on concrete ~oundRtion. Avenue u, from its intersection with the South property line ot Kain Street to its intersection with the Jlorth proper-ey line of" Broadway Street, known ~nd deBign;:}ted as District or Unit !lo. 32, the "ype of pavement to be 2f ineh vertica l fibre briok on concrete foundation. ' Avenue X, ~rom its intersection with the ~outh prorerty line of Kain Street to its int~reecti o n with the Iorth proper~ line of Hroadway Street, kno~ nnd designa ted as District or Unit No. ~3, the type of pavement to be 2t inch vertical fibre brick on concrete founda tion. WHEREAS~ rolls or sta tements for such portions of streets, avenues or units h~ve been ~xrumined a nd corrected, where-~r error found' I ( Ord. I 260 -Page 4. WHERllAS, the present condition of said portions. of streets and places endangers public hea lth and safety and requires that ~provements thereof be proceeded with while the weather will permi~, and require that t.his ordinance be passed as an emergency measure since the improve- ment will be delayed pending the taking effect of this ordinance and such facts constitute and create an emergenc7. TliEREFORE, BE IT ORDA I}."ED BY 'mE CITY OF LUBBOCK , TE.X.AS: ~at the s a id rolls or sta tements be, ~d the se.me are hereby adopted a nd a pproved, the d.e scriptions ot the various parcels of a bu-tting property, 'the names of the owners ot the respective parcels, as tar aa known with. the amount to be assessed against each• and ether matte r s and things, as shown b -, sueh rolls or stt:ltements, being as follows, to~i'ts {See Kt'nute Book 3, Page 225, for rolla-tprlntetl~) The City Commission doe s hereby fully and finally dete rnd ne to a sseas a portion o~ the cost o ~ the improvemene in e ach unit agai nat the p a rcels of property a butting thereon a nd against the owners of such property. ·ne an ount and proportion of the cost of.' the improvements in e a ch su.ch unit which it is propose d to assess a gainst the prop erty a b u tting thereon "D4.. the owners the r P-ot is a.ll the cost of installing curbs a nd three• fo~ths of the remaining cost of the improvements in e ~ch unit, but excluding ~Y part of the cost ot constructing storm sewers , the amounts so proposed to be assessed being as shown on such rolls or sta tementJ ~provided th~t no assessment shall in any case be levied against any parcel of property or the owner thereof until a fte r. the notice and he ~ring provided for. nor s h ~ll any assessment be levied in any c ase against any p~rcel of property or the owner thereof in exce s s of t he specia l benefits to such property in th e enhanced va lue thereof by me a ns of the improvements for which assessments a re levied, .. as de~ermined a t such hea ring. •III• l hat a he ~ring sha ll be given to the owners ot p r op erty abutting upon said portions of stre ets, their agents and attorneys a nd t o a ll others i,n an7 wise interested i n said property, said improvements, the contract there~or. or the costs and benefits thereof, or te manner in which such cost shall be paid a nd apportioned• or who may be in anywise concerned or interested in ~d improvements, contracts, assessmentn. proceedings• or in any ma tter or thing· connected therewith or incident thereto. which s a id hea ring shall be held b) and before the City Commission of the Uity ot Lubbock on the 1st day o'£ J'uly.-1924, n t 9 o•clock A.K. in the Uit7 Offices in the Court House in the City of J~hb o ck, Texao, and a~ such he ~ring all own e rs o'£ property abutting upon tbe s a id portions of streets, their agents a nd attorneys and all oth ers in an~i se interested, concerned or affect e d-, sh..o:tll rece1 ve a full and fair hea ring of all matters with r e ference to the said proposed assessments ~.ga inst them and t h eir property, a nd a ny i r regula rity and any invalidity in any pro• ceeding with referenc e thereto, the specia l benefits of a ~i d i Mprovements to their property in t h e enhanced value thereof., or cmy other matter or thing with reference thereto; and suoh hearing m~y be continued fr~ day to da7 and fra.m time to time without further notice, until all presenting the.mselven either in person or by agent or a ttorney have been full7 and fairly he ~rd.. At such hearing any owner of property or sny other person interested or affected shall have the right to introduce evidence and subpoena \-i tnesaes... After such hearing tbe Uity Commission ~rom the evidence before it v1ill determine the amo unts to be nssessed ~gainst each parcel of '"'butt:i.nc property and the owner thereof~ ~nd may correct a~y errors. irregula rities or invalidities re ~uiring correction that may come to the a tt€n ti on of the City Commission; a nd such hea ring will be closed and ~s se ss me nt o will by ordinance be levie d ae:a.i nst the various parcels of eo.b n tting property and agains t the oune rs t hereof', whether such owners b e name d h erein or not~ a nd the re ~l a nd true owners a nd a ll other p e rsons i n sn ywiae interested in a ny property abutting upon the said portions of streets shall be and are hereby notified of the ~ai d hen ring, o~ the time and place thereof, and of all other matters and things herein conta ined, eaid assessments "P'hen levied shall be a first and prior lien upon the property against which ~ch assessments are levied and a personal liability of the real a ni ~rue owners o~ such property. l -Oru. II 26,_1age 5. _,. ~ t •IV• The improvements on e~eh portion of street or avenue above set forth constitute a separRte and distinct unit of tmprovement' and the assess- ments for the improvements in each suit shall be m~de ~nd determined independently of assessments for the tmprovements in ant other unit. rhe amounts o~ the asses6m~nts for the improvements in ~ne unit shall in nowise be affected b,y any fact in connecti on with the improvements in any other suit. ' ... y .. That the "i ty Secreta ry is hereby directed to g.J.ve notice to all owners of property abuttine upon the said portions of streets to be improved and to al 1 others in e.nywise interested or ·af'f'ect e <l of the time, place. "'nd purpose of such he~rine by causing a substantial copy of this .resol.u- tion to be published in a new-spaper published in "\nd of s eneral circula - tion in the City of Lubbock at least three times, the first of which publicRtions shn.l l b e TPa de not less than ten days befo r " tb.e date fixed for such he ~ring; &nd by such notice the rea l and true owners of the property abutti ng upon a ll s a id portions of streets sh~ll be and are notified of all ma tte r o ~n d things here in contained, ~hether n&med herein or not, a nd whethe r or n ot their property be correctly described herein. 1~e ~ity Secretn r.y s~~ll also ~~11 a copy of such notice by registered letter addressed to e ~ch of such owners at their addreos, if known, or if unknown, to their ~gent or attorney• if known deposited in the poatoffice of the City of Lubbock, Texas. at least ten da ys ~efore the date set for sa1.4 he ~ring but such notice and s e r vice by letter shall be only cumulative ot the said notice by advertisement and publication shall, and such n~tiee b~ advertisement and p ublic ~t io n sh~ll in all cases be sufficient, valid and binding. whether or not ~Yother notice 12 given. The f a cta recited in preamble hereto constitute and c r eate an emergency requiring the rule providing for ordinances to be read at more than one meeting, be suspended, and requiring that this ordinance be passed and take effect as an emergency measure. And such rule is accordingly suspended and this ordinance is · passed as an emergE·ncy measure and shall take effect and b~ in force immediately upon its passaee. Passed and approved this 31st day of May• 1924. ATTESTs 3 .R. GERMAlllY City Secreta 1'1'• F.R. Friend Bayor. City of Lubbock, fexas '-.