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HomeMy WebLinkAboutOrdinance - 282-1925 - Approving Engineers Rolls Or Statements On Improvements. - 01/08/1925ORDINANCE NO. 282 ORDINANCE APPROVING ENGINEER'S ROLLS OR STATEMENTS FOR IMPROVEMENTS ON THE HEREINBELOW MENTIONED PORTIONS OF STREE~ AND AVENUES DETERMINED TO ASSESS A PORTION OF THE CX:ST OF lMPROVEMENTS AGAINST ABUTTING PROPERTY AND THE OWNERS THEREOF ORDERING HEARING FlUNG 'lHE TIME AND PLACE THEREFORE AND DIRECTING NOTICE THEREOF AND DECLARING AN EMERGENCY. WHEREAS, the City of Lubbock has heretofore ordered that the hereinbelow mentioned portions of streets and avenues, among others, be improved by raising grading, and filling same, paving with foundation, and constructing curbs and gutters, all with appurtenances and accessories, and otherwise improving same and plans and specifications for such improvements were adopt- ed and approved, and bids advert!sed for and received, and contract therefor entered into with Panhandle Construction Company, and pursuant to proceed- ings of the City, the City Engineers have prepared and filed with the City Commission rolls or statements for the improvements on the herein- below mentioned portions of s t reets and avenues, and showing thereon descriptions of the various parcels of abutting property, with names of owners, as far as known, with the amounts proposed to be a ssessed against each such parcel of property for improvements on the unit upon which the particular property abuts, and showing other matters and things, the said portions of streets and avenues in connection with which such rolls or statement have been filed being as follows, to-wit: BROADWAY STREET, from its intersection with the East property Line of Avenue "P", to its intersection with the East property line of Avenue "U" known as District or Unit No~ 2A, the type ~f pavement to be 2t inch Vertical Fibre Brick on Concrete Foundation with ~0 feet parkway in the middle. BROADWAY STREET, from its intersection with the East property line of Avenue "U', to its intersection with the East property line of Avenue Y known as District or Unit No. 3 the type of pave- me~t to be 2i inch Verticat. Fibre ~Briok on Concrete FoundatiQn, with 20 foot parkway in the middle. · AVENUE "rl' from its intersection with the South property line of Sixth Street to its intersection with t he North property line of Main Stre~t, and from its intersection with the South property line of Main Street to its intersection with the North property line of Broadway Street, known as District or Unit No. 18, the type of pavemAN t to be Vertical Fibre Brick on natural foundation. t AVENUE Q from its intersection with the South property line of Broadway Street, to its intersection with the North property line o~ 13th Street, and from its intersection with the South property line of 13th Street to its intersection with the .North pro- perty line of 19th Street, known as District or Unit No. 19, ,the type of pavement to be Vertical Fibre Brick on natural foundation. WHEREAS, rolls or statements for such portions of streets and avenues or units have been examined and corrected, wherever error found: WHEREAS, the present condition of said portions of streets and avenues endanqers public health and safety and requires that improvement thereof be proceeded with while the weather will permit, and require that this ordinance be passed as an emergehcy measure since the improvement will be delayed pendinq the taking effect of this ordinance and such facts con- stitute and create an emergency. THEREFORE, ~ IT ORDAINED BY THE CITY OF LUBBOCIC, TEXAS: That the said rolls or statements be, and the same are hereby adopted and approved, the descriptions of the various parcels or abuttinq property, the names of the owners of the respective parcels as far as known, with the amounts to be assessed against each, and other matters and things, as shown by such rolls or statements being as follows, to-wit: 11. The City Commission does hereby fully and finally determine to assess a portion of the cost of the improvements in each unit against the parcels of property abutting thereon and against the owners of such property. The amount and proportion of the improvements in each such uni:t which it is proposed to assess against the property abutting thereon and the owners thereof is all the cost Qf installing curbs and three-fourths of the remaining cost of the improvements in ea ch unit, the amounts so proposed to be assessed being as shown on such rolls or statement; provided that no assessment shall in any case be levied against any parcel of property or the owner thereof until after the notice and hearing herein provided for, nor shall any assessment be levied in any case against any parcel of property or the owner thereof in excess of the special be~efits to such property in the enhanced value thereof by means of the improvements for which assessments are levied, as determined at such hearing. 111. That a he~ring shall be giveR to the owners of property abutting upon said portions of streets, their agents and attorneys and to all other in anywise interested in said property, said improvements, the contract therefor, or the costs and benefits thereof, or the manner in which such cost shall be paid and apportioned; or who may be in anywi~e concerned or interested in said improvements, contracts, assessments, proceedings, or in any matter or thing connected therewith or incident thereto, which said hearing shall be held by and before the City Commission of the City of Lubbock on the 11th day of February 1925, at 3:30 o'cl9ck P.M. in the City Hall in the City of Lubbock, Texas, and at such hearin~ all Owners of property abutting upon the said portions of streets, their agents and attorneys and all others in anywise interested concerneq or affected, shall receive a full and fair hearing of all matters with, reference to the said proposed assessments against them and their property, and any irregularity and any invalidity in any proceeding .> ~ith reference thereto, the special benefits of said improvements to their property in the enhanced value thereof, or any other matter or thing with reference thereto; and such hearing may be continued from day to day and from time to time without further notice, until all presenting themselves either in person or by agent or attorney have been fully and fairly heard. At such hearing any owner of property or any other person interested or affected shall have the right to introduce evidence and sub-poena witnesses. After such hearing the City Commission from the evidence before it will deterndne the amounts 'to be assessed against each parcel of abutting property and the owner thereof, and may correct any errors, irregularities or invalidities requiring correction that may come to the attention of the City Commission; and such hearing will be closed and assessments will by ordinance be levied a~ainst the various parcels of abutting property and against the owners thereof, whether such owners be named herein or not and the real land true owners and all other persons in anywise interested in any property abutting upon the said portions of streets, shall be and are hereby notified of the said hearing, of the time and place there- of, and of all other matters and things herein contained. Said assess- ments when levied shall be a first and prior lien upon the property against which such assessments are levied and a personal liability of the real and true owners of such property. IV. The izrprovementa on each portion of street or avenue above set forth constitute a separate and distinct unit of improvement, and the assessments for the improvements in each unit shall be made and determined independently of assessments for the improvements in any other unit. The amounts of the assessments for the improvements in one unit shall in no wise be affected by any fact in connection with the improvements in any other unit. v. That the City Secretary is hereb¥ directed to 9ive notice to all owners of property amutting upon the said portions of streets to be improved and to all others in anywise interested or affected of the time, place, and purpose of such hearing by causing a subs~ntial copy of this ordinance to be published in a newspaper published in and for general circulation in the City of Lubbock at least three times, the first of which publications shall be made not less than ten days before the date fixed for such hearing; and by such notice the real and true owners of the property abutting upon all said portions of streets shall be and are notified of all matters and things herein contained, whether named herein or not, and whether or not their property be correctly described herein. The City Secretary shall also mail a copy of such notice by registered letter addressed to each of such owners at their address, if known, or if unknown, to their agent or attorney, if known, .deposited in the Post Office of the City of Lubbock, ~xas, at least ten days before the ..,' ... date set for said hearing, but such notice and service by letter shall be only cumulative of the said notice by advertisement and publication, and such notice by advertisement and publication shall in all cases be sufficient, valid, and binding, whether or not any other notice be given. VI. The facts recited in the preamble hereto constitute and create an emergency requiring the rule providing for ordinances to be read at mor.e than one meeting be suspended, and requiring that this ordinance be passed and take effect and be in force immediately upon its passage. Passed and approved this 8th day of January, 1925. A '!TEST: F. R. Friend Mayor, City of Lubbock, Texas.