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HomeMy WebLinkAboutOrdinance - 261-1924 - Paving Ordinance Filed With Other Paving Ordinances. - 07/10/1924I '· ORDINANCE NO. 261 THIS ORDINANCE IS A PAVING ORDINANCE AND IS FILED WITH THE PAVING ORDINANCES. I ) ORDINAE'~ l!IO.. 261. ORDINANCE CLOSING Jm.t\RIBG AND lEVYING ASSESs:u:ENTS FOR ABRT OF THE COST OF IMPROVING PORTIONS OF BROADWAY STRE ~T AND SUNDRY OTHER STREETS AND PLACES IN THE CITY OF LUBBOCK, TEXAS, AND PROVIDING FOR THE COLLECTION OY. SUCH ASSESSMENTS AED FOR THE ISSUANCE OF ASSIGNABLE CERTIFICATES IN EVIDENCE THEREOF. WHEREAS, the City of Lubbock has heretofore ordered that the below mentioned porti ons of ateeta and public places in said city be improved by raising, grading, filling, a nd p aving same* and insta ll i ng curbs and gutters and other~lia e . a nd c ontract for the makiti.g a nd c onstruction of such improvements, inc·l ud i ng paving with verticl·e fibre brick, wa.s let to and entered into ·111 th Panh·tndle Construction Company, :.mid streets and places beine as rollowa, to-wit: Broadw!:l y Street from its intersection with the W'est _pro !)Ct'ty line o~ Avenue X to ita intersecti on with the East property line of Avenue u. known and designa ted as District or Unit No. 1. the type of pavement t~ be 2f inch verticn l f i b re br i~k on eoncrete ~ound a ti on . Broadway Stre'"'t fro"!! i t D intersection with the \Ve st p r operty line of _Avenue K to its intersec tion with the East prop erty line of Avenue P, knovtrl and designa.teC!. as District or Unit No. 2• the type of p a vement to be 2i inch vertical fibre brick on concrete foundation. Broadway Street fro!'l ita intersection with the E&.st property line of Avenue P to ito inte~section ·vith the East property line of Avenue U, known and designated aa District or Unit Bo. 2-a, the type of pavement to be 2t inch ve:rtic::t l fibre brick on concrete founl a tion. Broad,my Street f'.rom its intersection with the East p r operty line of Avenue U to its intersection with the East property line of Avenue Y. known and designated as District or Unit lio. 3, the type ot pavement to be 2t inch vertical fibre brick on concrete foundation. Kain Street from its intersection with the West property line of Avenue K to it.s interseoti on with the lEast property line of Avenue :u_. and from its intersection with the West property line of Avenue M to its intersection with the rest property line of Avenue 1!, k.noi·rn and designat• ~d as District or Unit No. 4, the type of pavement to be 2t inch vertical ~ibre brick on concrete foundntion. Main Street from its intersection with the West property line of Avenue N to its intersection with the East property line of Avenue P known and designated as District or Unit Bo. 5, the type of p a vement to be 2. inch vertical fibre brick on concrete founda tion. Kain Street from its intersection with the East prop erty line of Avenue P to its intersecti on with the East prope r ty line of Avenue U, known and design~ted as District or Unit !Jo. 6• the type of p a v ement to be 2t inch vertical fibre Brick on concrete foundation. Kain Street from its interser.tion with the East property line of Avenue U to its intersection with the East property line of Avenue Y, known and des!gn;tted as District or Unit No. ?~ the type of pave."nen~ to be 26- inch vertical fibre brick on concrete foundation. Seventh Stree t ~ram its intersection with the East property lineeof Avenue D to its intersection ~ith the East property line of Avenue ~,known a nd designated as District or Unit No. e. the ty:pe o-r .Pt~.VPT.flent to be at inch vertical ~ibre brick on eoncrete foundation. Tenth Street from its intersection with the West pro~erty line of Avenue I to its intersection with the West property line of Avenue ~ known a nd • · designated ~s District or Unit No. 9, the type of pavement to be at inch vertical fibre brick on concrete foundation • .. Tenth Street fr<rta ita intersection with the East :prope r ty line of Avenug G to ita intersection with the Bast property line of Avenue It known and designated as District or Unit No. 10, the type of pa v ement to be 2i inch vertical fibre brick on concrete foundation. ·~ L Ord~ I !81 f pg. 2. -----' ... ·~ ;{ ~ »roadway Street from its intersection with a point 2 feet East of the East r a il of the East side track of the Santa Fe Railway t~ts intersection wi t.h ~oint 280 feet lh.s~ or the gast property line o-t Avenue A, known and designated as District or Unit llo. 11, the type ot p a v ement to be 2t inch vertical ~ibre brick on concrete toundatim~ Broadwa y Stre e t from its intersection with the We nt property line o~ Avenue F to its intersection with a point 2 f e et TreB t o f the West rail of the West tra ck of the Santa Fe Bailway, known a nd designa ted as District or Unit No. 12. the type of pavement t o be 2! inch vertical fibre brick on conc.rete.foundation. Thirteenth Street from its in~eraection with the E ~at property line of Avenue G to its intersection with the East property line of Avenue I. known and designated as DistJ;"ict or Unit Wo. 13• the type of pave- ment to be 2t inch vertic~l fibre brick on concre te foundation. Thirteenth Strea t from its intersection with t he We s t p rop erty line of Avenue I ·to its intersection with the West property li ne of Avenue L,. known and designa ted as District or Unit Xo. 14t the type of pavejent to be 2t inch vertical fibre brick on concrete founda tion. Thirteenth Stree t from its inte~section with the West ~rop erty liue of Avenue L to its intersection with the West property line of Avenue Q. known and designated as District or Unit Bo. 15, the type of pavemen~ to be 2l inch vertic~l fibre brick on concrete foundation. Sixteenth Street from ito intersection with the West property line of Avenue H to its intersection with the East property li ne of Avenue K, known and design .. ted. s.s District or Unit !To .. 16, th e type of pavement to be 2t inch vertical fibre brick on concrete fosndn tion. Sixteenth Street from its intersectien with the West p rop erty line of Avenue u, to its intersection with the East prope rty line of Avenue Q. known as.. District or Unit lto. 1?• the type o f' pav eme nt to be 26- inch vertic~l fibre brick on concrete founda tion. Avenue~ from its intersection with the South prop erty line of Sixth Street to its intersection with the North property line o~ Main Street• a nd from ita inte rse cti l)n with the South property line of l!ain Street to 1 ta intersection Vl i th the lrorth property line or :Bro::>.d!"18.y street, . known a nd designa ted as Unit or District No. 18• the type of pavement to be 2f inch vertical fibre brick on concrete fowlda tion. Avenue Q ~rom its intersection with the South property line of Broad~ Street to 1~& intersection with the North property line o£ fhirteenth Street and from it s intersection ""'1 th the Soutll property line of l'hirteenth Street to ite intersection with the North property line of Nineteenth Street, known a n d d ea i g n~ted as Unit or District No. 19, the type ot pavement to be 2i inch vertica l fibre brick on concrete found~tion. Avenue K tram ito i n t e r s e c tion with the South property line of Seven~h Street to its intersection with the North property line of Thirteenth Street known and dGsignated as District or Unit No. 20, the type of p:tvement to be 2t ineh vertical fibre brick on concrete foundation. Avenue K from ita intersection with the South prop e rty l ine of Xhirteenth Street to ita i n t e rsection \Vith the North property line of Nineteenth Street known ?n ~ 'rle.-.iert::t ted as District or Un:l t No. 2 1 P the tY!>e of p~vement to~e ~!inch vertical fibre briek on concre te founda tion. Avenue K from ito i nters e c ti on wl th the South p rop erty l ine of 'l'en'th S~reet ttl i te i n t e rsec tion T:'li ttl the North prope l'ty line of Thirteenth Street. blown nnd designated as District or Un it No. 22 , the type of pavement to be 2t inch vertic~l fibre brick ~n concrete ~ounda tion. Avenue J from its 1nter5ect1on with the North p ro ~e r t y line of Tenth Street to its intersection with the Worth property line of Kann Stre et, knawn and des!~-ted as District or Unit Xo. ~3. t he t ype of pavement to be 2t inch ve r tical fibre brick on concrete foundation. Avenue J from ito intersection with the South property line of Broadway Street to 1 ts i.n t e rsec-tion 'C'/i th the South prop erty line of Xhirte enth Street known a nd designated as District or Unit No. 2•~ the type of pavement to be 2! ineh vertical fibre brick on concre t e fow1dation. ., ord. I:.. ..... Pa ge 3. ---.... ~~ I intersection with the North property line of Fiftee~h d.esignn.ted as District or Unit ilo .. 25. the type of i n ch vertical ·fibre .brick on concrete founda tion. Avenue I from ita Stree t, known ~nd p a vement to be 2t . . Avenue I from ita intersection wi t.h the North p r operty line of' litteenth Stree t to its intersection with the South property l i n e of ~i x teenth Street known and desiglt~ted a.s Unit or District No. 26, the type of pavement to be 2! inch vertica l fibre brick on c onc rete founda ti on. Avenue H, from ita intersection with a point 2 feet South of the oouth rail of the Sou.th track of the Santa Fe Railway to i t.s intersection with the Borth prop erty line of' Tenth Street, known and. d.esignated as District or Unit No .. 27, the type of pavement to be ·2t inch vertical fibre brick on concrete fo u nd~tion. Avenue H, trom itP-intersection with the South property line of Thirteenth Street to 1 ts intersection "i th the South property line of l'if'teentb Street known ~nd designated as District or Unit NG. 28, the type of p a vement to be 2! inch vertical fibre brick on concrete foundation. Avenue H, f'rom its intersection with the South property line of lri·fteenth Stre et to its inte rsection with the Borth property line of Nineteenth Street, known ~nd designa ted as District or Unit No. 29, the type of p ~vem ent t~ be 2t inch vertical fibre brick on concrete foundation. Avenue G, from ita ·intersection with the North property line of Tenth Street to its intersec tion with the North property line cf Main Street, known a nd desi g nt1ted n.s Di s trict cr Unit No. 30, the type of pavement to be 21 inch vertS.eal fibr e brick on concrete fo unda.tion. Avenue G, from its inte rse c tion with the So u th property l ine of Broadway Street to its i n tersecti on with the South property line of 7hirteenth Street known 1. nd de signa ted as District or Unit No. Sl, the type of p a vement to be 2i inch vertical fibre brick on concrete foundation. Avenue u, from its intersection with the South property line of Main Street to its intersecti on with the Borth property line of Hroadway Street• known a nd d e sign~ted as District or Un~t No. 32, the type of pavement to be 2t inch vertical fibre brick on concrete foundation. Avenue X, from its intersectio~ with the South property line of Main Street to its intersection with the North property line of Broadwa7 Street, known and designa ted as District or Unit No. 33, the type of pavement to be 2t inch vertical fibre brick on concrete tou.m ation. and, WHEREAS, the City I:ngineer prepared rolls or statement, for the improvement in e a ch Unit, ahowing the amounts to be assessed agains~ the various parcels of n b u tting property a nd the own e rs the~eof, and showing other mattera and th in~s, and sane were examined by the Bo a rd of Commissioners and a pprove d a nd a ttme and place was ~ixed for hea ring to the owners Df sueh a butting property and to all oth ers in eny wise interested, ~nd due n nd proper notice wa.o given., and. such hea ring w ~s b ad a nd held a t the ti.r.te and place fixed there:f'or• to-wit; on the :firs t da.y of J'ul y, 1924,. at 3 o'clock P•M• in the City Hall in the Ci f¥ of' Lubbock. Texas t a n.d a.t such he ~ ring all desiring to be heard were fully and f'airl y hc fl.r(~., a nd evidence was received and considered and all protests A.nd objection s @,E~.de were cons1de red9 and s a id he ~L rirlg wa s in all respe c ts held i n t he msnner provided a nd reouired by the Charter and lav1 in force in t his Ci.t7 a nd by the proceedj.ngs of the city with reference to such Ea t t 0rs , and the :following protests were made con~ corning the !mprovem2nt s i n t he Unit indica ted, namelya J'.H. Banie, own i n&." prop erty fronting 7S f eet en Avenue H, in Block 214, Unit No. 29, protr sted 'v n t he ground t t a t he was not :financially able to h a ve Jf.1. ving :r ut dovm . c.w. Jlalla rd, O\mi ng prope r ty fronting 150 feet on Avenue Y., in Block 225• Unit No. 21~ protested on the ground that he wae not financially able to h a ve p avi n g p ut do~m. I.T. Carpenter, own ing propart7 fronting ?5 feet on Avenue H in Block 198• Unit No. 29~ protested on the. ground that he was not financiall7 L_ Ord• # 1 261 ~ Pg. 4. able~~vefp aving put down. .. -·~ -. .. , ~ R~~ Hastings, owaing pro~erty fronting 165 tee t on Avenue q, in Block 4• Uni:t No. 19, protested on the gron nd that h e wa s chrged ··i th 189 feet and did not own but 165. j and all objecti ons a n d prot-e·sts made were fully conside red n.nd said hearing was continued fr~ day to day and ~rom time to time until thia date and the Boa~d h ~ving fully and fairly heard nll parties juaking any protest and all p~rties desiring to be heard, and h ~ving fully considered all na tters prese ntC?ti. for consideration. and h •vine ful l~/ c msidered all the evidence., $\Dd 8.11 pertiDent. and proper matters, is of the opini on that the following disposition Should be made of such protests and obJections, and th ~t assessme nts should he made as herein ordained. THEREFORE, BE IT ORDAl:NliD BY THE CITY O'B .LtmBOCK., 1.'.:::.XAS: THAT, All protests and ob j e ctions, whether l1erein &pecific-. J.ly me ntiore d ar not.. shall be and the sP..me are hereby overruled and the s -iid hea ring wi tb respect to ea oh a nd a ll a·-r aaid lJ'nita is hereby closed. •li- The Board of ~ommissionera · from the evidence fin d s t h~l t ti1e assessments herein levied shal : b r.> ma<.te a nd levied against the reapective parcels or property a butting upon the said ·p~rtions of ntre etu and aga i n st the own e rs of such proper ty, ~nd th~t such a ssessments ar e right and proper a nd establ ish substantial jus tice and equality .. mcJ l<n1form1 ty between the respe ctive owners a nd respective properties, a nd between a ll p a rties concerne d, considering benefits .received a n d burdens imposed, a nd fUrther find s t h ~t i n e a oh case the abutting property asse s sed is specif'ioa l l y benefite d in the enhanced value thereof by ra e a ns of the im• provement in the Un it u p on which the p a rtieul a r property a butn and for which assessment ie l e vie d in a sum in excess or the 9.-0se aam ent levied against aame by this ordinance• and further finds th ~t the apportionment of the cost of the i mprovements is in accordance •r1i th the la1.q and Charter in force in the City,. and is in accordance with the proceedings heretofore taken and had witn re~erence to such improvements and is in a ll respects valid and regula r. •lXI- That there sha ll be a nd is hereb,y levied and assessed a gains t the parcels of' property hereinbelow mentioned and aga hs t the re o l am true owners thereof. wh e ther such owners be correctly named herein or not. ~ sums o~ money below mentioned and itemized aho,:tn oppo s ite the aaaoriptlon of the r eapeottve pa~cels of property; the des~ription of such property the sevenl amounts assessed again Bt s am:e, ·md the O\vners thereof, be1 ng a a fo l lowaJ {See printed forms) -Page 237 • Minute Book 3. That the aeaeamnents so l~vied are for the improvements in the particular Unit upon which the property described abuts~ and the nasm1srr.ants for tm improvements in one Vn tt n re in no wise related to or eonnected with the improvements in a ny othE'"r Un it, a nd in making aases s-..1e nt s ·,nd in hold- ing said hea ring tl'l e .Amou.nt s asc essed f'or improvements in orie Unit have been in no wise cffeeted by any £act in anywise connected ~i th the i mpro• vements or the a.ese r-;s mentu theref'or, in eny other Unitt a nd in making such assessments the cost of stol'!ll sewers is not inc1uded tn the sums a sse se-ed. -IV• That the severa l euro s ~l"t•ov e reentioned assessed o..ga inst said parcels of property and aga.inst the re~ 1 a.nd true own ere th e reof, and interest thereon at the r q t e o f 8% per annum, together with reasona ble attorney .. s fees and coats of collection, if incurred, are hereb y de cl ~red to be and madd a lien upon the respective parcels of property against which the same are ~esessed and a personal liablity and charge against the real and true owners the r e of whethe{nar not such owners be correctly named herein, nnd aueh liens shall be7eonstitute the f'irst enforce --:ble claim agai n st the property assessed, and shall be a firs t a nd pe ramount lien, . .. Ord. I -~ ........ -,....__... Page 5. .. ~ ·-__,...~ t superior to all other liens a nd claimS ex~ept State, County and Municipal taxes, a nd the sums so assessed shall be payable as follows, -...to"wit:· In six equal insta llments, the 1"1ret payable on or bef'ore thi!t7 (30) days ai"ter the completion and acceptan~a b y the said City of the improve-enta in the block upon which the particular property a buts; -the sec9nd insta llment due on or before one {1) year from said date of campletion and accepta nce. the third installment due on or before two (2) yea rs f"rom the d a te of such CQID\)le'tion a;ld ac.ceptanceJ the fourth installment due on or ~efore three (3) years from the da te of such completion and acceptance; the !if~ instal~ent due on or before four {4) years f f'om the da te of such completion aDd accepta nce and the sixth im t Ft llm.ent due on or before .five (5) yearn from the d'l te ot auch completion and accepta nce; and such assessments shall beg_r interest from the date of' such completion and acceptance at the rate ot eigh~ per cent per annum paya ble annually with e ,ch installment, so that upon completion and aeeept.ance of the improvements in a particular block aaaeesmenta a g a inst the property abutting upon such completed and accepted block shall be Rnd become due and payable in such inatallmeu a a nd with interest from the date of such ca.mpletion and acceptance• provided thRt an~ owner shall have the rig~t to pay the entire assess~ ment, or any in s t a l~ent thereof'. before maturity by p~y.ment ot prin- cipa l a nd tc.orued interest, and provided fUrther that it def'ault shall be made in the payment o~ any installment promptly as the sane matures, then the entire amount of the assessment upon which ouch dei"ault is made shall, at the option of Panhandle Construction Company, or ita assians, be and become immediately due and payable Rnd shall be collect.• ible with reasona ble a.ttorney•e fees abd costa of collection, it incurrEd. The ~Y of Lubbock shall not in any manner be liable for the payment of atiy s\m& hereby a saessed against any property nnd the owners thereof' but said Fan handle Construction Company shall look solely to said property and the owners thereot, for ~e~~ of the suma assessed against the respective p a rcels of propertya but said City shall exercise all of its lawfUl powers a nd aid in the enforcement ahd collection of said liens and assessments, and if default shall b e made in the pay.ment ?ft~Y: assestmtent, collection thereof' shall be enforced e iler by 8 ale o property by the Tax Collector and Assessor of the City ot lubbock as near as possible in the manner provided for the s a le of property tor the non-payment 9f ad valarem taxea. or, at the option ot Panhandle Construction Company,. oz; .ita ass1ans,.. ~ent o~ said sumo shall be enforced by suit in any court ha'Ttag Juriadiction. For the purpose of evidencing the several auma assessed ag~~rinst the said parcels ot property ~nd the owners thereof, and the ~ime an~-ter.ma ot payment, and to aid in the enforcement thereof• assignable certifica tes shall be issued by the said Cit:y of Lubbock upon the completion a nd ac¢eptance of the work in e a ch bloc~ of improvement a s the work in such block is camp~eted which certifica tes shall be executed by the Mayor in the name of the City• atteoted by the City Secretary with tbe corpcrate seal, and shall be paya ble to Panhandle Col8 truction Company,. or i te assigns, and shall. deola:re the s a id amounts and the time and \erma ot payment and rate· ot interest and date ot complP-tion a nd ao.ceptanoe of the improvements for which the certifica te is issued• and sha ll contain the name of the owner a s accurately as possible. Rnd the description of the proper• t7 by lot and block number, or front ~eet thereof. or such other des- cripti on as ma . .,. othe rwise identify the same• a nd if the said property shall be owned by an estate then the descripti on thereof as so owned shall be sufficient or 11" the n:1me ot the owner be unknown, t hen to so state shall be sufficient. a nd no error or mistake in describing any property. or in giving the name of a~ owners• shall in anywise invalidate or impair the assessment levied hereby or the certific ~te issued in eTidence thereat. The said certific~tcs shall ruther provide substantially that it default shall be made in the payment of any iDB tallment ~principal o .. interest when due, then, at the option of Panhandle Construction Camp~ or ita assigns, t y e whole of the said assessment evidenced thereby stall at once become due and payable, and shall be collectible with reasonable attorney's tees and coats of collection, if incurred~ And said cer- tifica tes shall set forth an4 evidence the personal liability of the owne• <. Ord. ~~ • Page 6. of such property and the Jien upon such property, a nd shall provide in et~ect if default be made in the payment thereof the same may be enforced either by the eale of the property by the fax Collector and Aa- aessor of the City of Lubboc~ as above recited,. or by suit in any cow-t. having Jurisdiction. The said certific ~tes sh~ll fUrther recite in effect that all pro• ceedinga with reference to making said tmproveme~ have been regularly ha4 in compliance with the law and Charter and proceedings of the City of Lubbock a nd t h at a lfprere(JUiai\es to the fixing of the lien a.Dd claim of personal liability evidenced by such certificates have bean regularly done ~nd performed.• wbich reci tale shall be evidencer' bt the matters and facts so recited and no further proof thereof shall be required in any co urt, · And the s~id cer tifica tes may h a ve coupons attached thereto in evidence of ea ch or any of the several inatal~enta. thereo~. or they ma7 h nve coupons :for e ... c h of t he f'irs t five· insta llments lea ving the main certi~ic ~t.e for the siBth • ... Said cert1fic'tea m~y further provide substantially tha t the amounts paya ble thereunder may be p aid to the Collector of l~~es of the ~ity who sha ll issue his receipt there&r. which receipt shall be evidence of such pa yment upon a ny demand for the same~ eith er b y virtue of the said certifica te or any contract to pay the seme entered into by tbe p r operty owner. a nd that the Collector of Taxes will deposit all sums so received by him forthwith with the City Treasurer, and upon the pay- ment of any inst ~l~ent ~ith interest upon the surre nder of the coupon therefor. receipted in full by said Company. or other holder of s a id certifio ~t e . the City Treasurer shall p~ the am~unt so collected a nd due thereon to said company• or other holder, which coupons so receipted shall be the frenaurer 1 a warrant for payment. And the s a id certific ~tes shall ~ttber provide in effect that the City of Lubbock shnll exercise all ite l a wful power when requested so to do b y the holder of said certificates to aid in the enforcement and collection thereof, and said certificates may contain other and further recital s pertinent or appropriate thereto. It shall not b e necesa ~ry t h~t said certiflcates shall be in the exact for.m as a bove set forth, but the substance ,nd effect thereof &hall suffice. •VII• l~e assesa.ents levied by this ordinance for the impDVements in each Unit a re altog ether separate and distinct fram aasessments in each a nd every other Unit. The assessments for improvements in one Unit. are in nowise affected by tbe tmprovements in or the asaessments levied f'or the improvements in any other Unit, and in making and levying ~sseesment~ the costs of the improvements in each unit, the benefit& by means of the improvements. and all other matters and things with re~erence to improvements in each Unit,. have been considered and deter- mined altogether withou~eference to anT such matt e rs in any other Unit• ~nd the omission of the improvement s in any Unit shall in no wise affect or imp a ir the validity ot asseaeen~e in e.ny other Unit. the omission of improvement s in any particular Unit in front of any property exempt from the lien of such assessments shall in no wise affect or impair the validity ot assessments against other property in that Unit. -VIII• Bo mistake• error. invalidity. or irregularity in the name of any property own e r, or the description of z ·y property, or the mnount ot any assessment~ or in any other matter or thing• shal l in any wise inyal1date or impe ir any assessme nt levied hereby or any certifica te issued• and any auah mist ~ke• error, invalidity, or irregularity~_ whether in such assessment or in the certificPtea issued in evidence thereof, may be corl .. ec t ed a t. any time by the l: 1 ty. -IX- All assessments l e vied are a personal liability n nd oh ~rge against the real owners of the premises described notwithstanding such owners may not be named or may be inoorrectly named. -x- Full power to make and levy reassessments is, in accorda nce with the law and proceedings of the City, reserved a nd vested in the City. Ord. # 261 -Pg. ?. .-n· That this ordinance .ahall be in force and take effect from and a fter its passage. · Passed and approved this lOth day of July• 1924. ATTESTs ~R. Friend yor, Ulty of Lubbock, Texas. J .R. Germ.aay City Secretary.